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621: Uniform Procedures

(Statutory authority: Environmental Conservation Law, §§ 3-0301[2][m], 3-0306[4], 8-0113[2], 15-1501, 15-1503, 15-1505, 17-0303, 19-0103, 70-0107, 70-0117[5], art. 70; State Administrative Procedure Act, § 301[3])

[Last Amended May 19, 2013]

Contents:

Sec.

§621.1 Applicability

This Part applies to applications for the permits listed below which are submitted to the department or its agents. Notwithstanding any inconsistent provisions of the Environmental Conservation Law (ECL) or any regulations of the department, the provisions established in article 70 and this Part govern the administration of applications for permits authorized by the following sections of the ECL:

(a) Use and Protection of Water, ECL article 15 title 5 (implemented by 6 NYCRR Part 608): including disturbance to the bed or banks of protected streams, construction or repair of certain dams and impoundment structures; placement, construction, reconstruction and expansion of docking facilities and associated breakwaters or other related structures; platforms; the placement of moorings; and excavation or placement of fill in navigable waters;

(b) Water Withdrawals, ECL article 15 title 15 (implemented by 6 NYCRR Parts 601 and 602): including certain Long Island water wells;

(c) Transportation of Water by Vessel, ECL article 15 title 15;

(d) Wild, Scenic and Recreational Rivers System, ECL article 15 title 27 (implemented by 6 NYCRR Part 666);

(e) Water Quality Certifications (401 certifications), section 401 of the Clean Water Act, U.S. Public Law 95-217, and 33 USC 1341 (see section 608.9(c) of this Title) (implemented by 6 NYCRR Part 608): for projects which require Federal approval;

(f) State Pollutant Discharge Elimination System (SPDES), ECL article 17 titles 7 and 8, (implemented by 6 NYCRR Part 750);

(g) Air Pollution Control, ECL article 19, (implemented by 6 NYCRR Parts 201 and 231): including construction and operation of a new emission source or a modification to an existing emission source of air contamination, and construction of indirect sources of air contamination;

(h) Liquefied Natural Gas and Petroleum Gas (LNG/LPG), ECL article 23 title 17;

(i) Mined Land Reclamation Law (MLRL), ECL article 23 title 27, (implemented by 6 NYCRR Parts 420- 425);

(j) Freshwater Wetlands, ECL article 24, (implemented by 6 NYCRR Parts 662-663);

(k) Tidal Wetlands, ECL article 25, (implemented by 6 NYCRR Part 661);

(l) Waste Transporter and Low Level Radioactive Waste Transporter Permits, ECL article 27 title 3, (implemented by 6 NYCRR Part 364 and Part 381);

(m) Solid Waste Management, ECL article 27 title 7, (implemented by 6 NYCRR Part 360);

(n) Industrial Hazardous Waste Management, ECL article 27 title 9, (implemented by 6 NYCRR Part 373);

(o) Siting of Industrial Hazardous Waste Facilities, ECL article 27 title 11, (implemented by 6 NYCRR Part 361);

(p) Coastal Erosion Hazard Areas, ECL article 34, (implemented by 6 NYCRR Part 505) ; and

(q) Prevention and Control of Environmental Pollution by Radioactive Materials, ECL articles: 1, 3, 17, 19, 27, and 29, (implemented by 6 NYCRR Part 380).

§621.2 Definitions

(a) Adjudicatory hearing means a trial type proceeding which provides the opportunity for an Administrative Law Judge to hear a case and recommend a decision to the commissioner on the basis of evidence, including direct testimony and cross examination provided under article 3 of the State Administrative Procedure Act, section 70-0109 of the Environmental Conservation Law (ECL), section 621.8 of this Part and Part 624, Permit Hearing Procedures, of this Title. The commissioner renders a decision based on the record of hearing and applicable law.

(b) Administrative SPDES Permit Renewal means the renewal of an existing State Pollutant Discharge Elimination System (SPDES) permit, for a new permit term, utilizing abbreviated application and review procedures that defer full technical review of permit provisions based on priority ranking described in Part 750-1.19 of this Title.

(c) Applicant means a person, as defined in subdivision 621.2(w) of this Part, filing appropriate applications and supporting materials for the purpose of obtaining a permit from the department. Eligible applicants are owners, lessees, and operators at a project site or facility.

(d) Chief permit administrator means an employee of the department located in the main office of the department and designated to act on the commissioner's behalf in carrying out this Part.

(e) Commissioner means the Commissioner of the Department of Environmental Conservation, or any employee of the department designated to act on the commissioner's behalf in carrying out this Part.

(f) Complete application means an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review in order to enable the department to make the findings and determinations required by law.

(g) Delegated permit means a permit issued by the department for which a comparable permit may be required by Federal law. Delegated permits include those for which the department has been delegated the authority or for which the state's program has been approved to issue the permit pursuant to federal law. For the purposes of this Part the term delegated applies to permits issued by the department for the following programs:

(1) Resource Conservation and Recovery Act (RCRA) of 1976, 42 United States Code 6901 et seq., (see section 370.1(e) of this Title), for any hazardous waste management facilities (HWMF) or remedial action plans (RAP)under ECL article 27, title 9 except those limited to the disposal of waste containing polychlorinated biphenyls (PCB) only;

(2) Clean Water Act (CWA) amendments, 33 United States Code 1251 et seq., (see section 750-1.24 of this Title) for state pollutant discharge elimination systems (SPDES) involving discharge to surface waters of the state, see Part 750 of this Title, under ECL article 17, titles 7 and 8; and

(3) Clean Air Act (CAA) amendments 42 United States Code 7401 et seq (see section 200.9 of this Title) for any air pollution control source under ECL article 19 subject to any of the following federal requirements:

(i) New Source Review Part 231 of this Title;

(ii) Title V Facility Permits; or

(iii) Title IV Facility Permits.

(h) Department means the New York State Department of Environmental Conservation, or a local agency to which the department has delegated permitting or review authority.

(i) ECL means Chapter 43 - B of the Consolidated Laws of the State of New York entitled Environmental Conservation Law.

(j) Emergency means a natural, accidental, or intentional human - caused event or circumstance which presents an immediate threat to life, health, property, general welfare or natural resources.

(k) ENB (Environmental Notice Bulletin) means the publication of the department published pursuant to section 3-0306 of the ECL, accessible on the department's Internet web site at http://www.dec.state.ny.us/website/index.html.

(l) EPA means the United States Environmental Protection Agency.

(m) Facility has the meaning given in the regulations for programs to which this Part is applicable (see 621.1 of this Part) for a given activity. Absent a specific program definition, facility means buildings, structures, improved areas or designated locations on a site where an activity regulated by the department is taking place or is proposed to take place.

(n) Joint Application for permit means an application form for certain regulatory programs administered by the Department of Environmental Conservation, the New York State Office of General Services, the Adirondack Park Agency, the Lake George Park Commission, and the United States Army Corps of Engineers. Application can be made for multiple permit categories and to multiple agencies by using this form.

(o) Legally Responsible Party means a permittee legally accountable for undertaking a permitted action in accordance with the provisions and conditions of a permit, or an applicant legally accountable for the content of an application.

(p) Legislative hearing means a proceeding provided by section 621.8 of this Part which provides an opportunity for the public to make unsworn statements, based on fact or belief, for consideration by the department in its review of applications for permits.

(q) Local government means a village, town, city or county.

(r)Major Project means any action requiring a permit identified in section 621.1 of this Part, which is specifically defined as major or which is not specifically defined as minor in section 621.4 of this Part.

(s) Minor Project means any action listed as minor in section 621.4 of this Part, subject to the reservations of paragraph 621.3(b)(3). Actions identified as Type II in Parts 617 and 618 of this Title are minor except where such an action is listed as major by permit type in section 621.4 of this Part. Minor projects are projects which by their nature and with respect to their location are not likely to have a significant impact on the environment.

(t) Modification means any change or amendment whatsoever to a permit that is currently in force, including permit transfer.

(u) Permit means any certificate, license or other form of department approval, modification, renewal, or reissuance, including any permit condition or variance, that is issued in connection with any regulatory program listed in section 621.1 of this Part. The permit identifies the approved activity and contains standards and conditions of performance for the activity.

(v) Permittee means a person authorized to undertake an activity regulated under a department permit. Eligible permittees are owners, lessees, and operators at a project site or facility.

(w) Person means any corporation, limited liability corporation, limited liability partnership, firm, partnership, association, trust, estate, one or more individuals, any other legal entity or any unit of Federal, State or local government or any agency or subdivision thereof, including any State department, bureau, commission, board or other agency, public authority or public benefit corporation.

(x) Project means any action or activity requiring one or more permits identified in section 621.1 of this Part.

(y) Public authority or public benefit corporation means a corporation organized to construct or operate a public improvement wholly or partly within the state, the profits from which benefit this or other states, or the people thereof.

(z) Regional permit administrator means an employee of the department located in each of the nine regional offices of the department and designated to act on the commissioner's behalf in carrying out this Part.

(aa) Renewal means department authorization for a new permit term, reissuance, or recertification of a permit for previously approved activities which will be continuing at the same site or facility without material change.

(ab) SEQR means the State Environmental Quality Review Act, article 8 of the Environmental Conservation Law and Parts 617 and 618 of this Title.

(ac) Site has the meaning given in the regulations for programs to which this Part is applicable (see 621.1 of this Part) for a given activity. Absent a specific program definition site means the land or water areas where a facility or activity is physically located or conducted including adjacent land used in connection with the facility or activity.

(ad) Sufficient application for renewal means properly completed application forms, supplemental information and plans required by specific program regulations for renewing permits, and identification of any material changes in regulated operations or environmental conditions at the permitted facility or site.

(ae) Tentative determination means a notice of intent to issue or deny a permit.

(af) Title V facility permit means a permit, which is issued by the department pursuant to Subpart 201-6 of this Title, for a facility or a defined area source, group, or category of emission units at a facility.

(ag) Transfer means the conveyance by the department of an existing permit or pending application from an existing permittee or applicant to a new permittee or applicant.

(ah) Variance means relief from specific provisions of permit program implementing regulations.

§621.3 General requirements for applications

PERMIT APPLICATION PROCEDURES

Following are general requirements for all applications for permits covered by this Part. Additional specific requirements for individual permits are given in section 621.4 of this Part. Copies of forms, regulations and guidelines referred to in this Part are available from the department's regional permit administrators at the locations listed in section 621.19 of this Part and on the internet at http://www.dec.state.ny.us/website/index.html.

(a) General requirements for complete application. In order to be determined complete for the purpose of commencing department review, the application for a permit listed in section 621.1 of this Part must meet the requirements specifically listed in section 621.4 of this Part as well as the following criteria:

(1) The application must include a properly completed department application form, supporting documentation, and supplemental information as required by the specific program implementing regulations and this Part. Engineers certifying documents must be licensed in New York State.

(2) The department may request information concerning the applicant which is reasonably necessary to determine who may be a legally responsible party for compliance with the conditions of the permit, the ECL, other applicable laws administered by the department, or for remediation of any environmental degradation and in order to help determine the appropriate financial security which may be required. Any false written statements knowingly made are punishable pursuant to Penal Law, section 210.45.

(3) The department may require that the applicant prepare a public participation plan for additional public outreach. Such additional public outreach may include, but is not limited to, the distribution or posting of information about the proposed project in the area in which the proposed project is to be located, conduct of public information meetings, translation of notices for non-English speaking communities and the establishment of document repositories in the area in which the proposed project is to be located.

(4) If a project requires more than one department permit, the applicant must simultaneously submit all the necessary applications, or demonstrate to the department's satisfaction that there is good cause not to do so.

(5) If variances from permit standards are sought and are specifically provided for in a permit program's implementing regulations, then the application must include a request and justification for such variances as outlined in the program's implementing regulations.

(6) When a project also requires related permits from any other agency or government, the department application must include a list of such permits which the applicant knows to be required, and a statement of the status of approval and SEQR review of each at the time of filing the department applications.

(7) If a project is subject to the provisions of article 8 of the ECL (SEQR), the department must satisfy the requirements of Part 617 of this Title. An application is not complete until a properly completed environmental assessment form has been submitted and:

(i) a lead agency has been established pursuant to article 8 of the ECL; and

(ii) a negative declaration or conditional negative declaration has been filed pursuant to article 8 of the ECL; or

(iii) if it has been determined that the project may have a significant impact on the environment, a draft environmental impact statement (DEIS) has been accepted by the lead agency; and

(iv) where the department is the lead agency and requires the preparation of a DEIS by an applicant, the application is not complete until the department determines that the scope, content and accuracy of the DEIS prepared by the applicant are acceptable for public review. If the department determines that public comment may be helpful in identifying the scope of the DEIS, the department may solicit written public comment, conduct a public meeting, or take other actions that may be appropriate for a particular project to determine the range of issues that must be addressed in the DEIS. Where public scoping is necessary, it must commence within 30 calendar days following the SEQR determination of significance. If an applicant provides the department with a draft scope of the DEIS, the department must provide the applicant with a final written scope within 60 calendar days of receipt of the draft scope.

(8) When an action requires a determination by the Office of Parks, Recreation and Historic Preservation pursuant to section 14.09 of the Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980), the application is not complete until the Office of Parks, Recreation and Historic Preservation has made a determination whether:

(a) any historic, architectural, archeological or cultural resources present in the project impact area are significant (listed on or eligible for listing on the State or National Register of Historic Places); and

(b) the project may have any impacts on such significant resources.

(9) If a project is a Type I or Unlisted action pursuant to SEQR and is located in a coastal area designated according to article 42 of the Executive Law and 19 NYCRR Part 600, the application is not complete until sufficient information has been provided to enable the department to complete a coastal assessment form as prescribed by the Secretary of State.

(10) A project located within the Adirondack Park requiring a department permit may also require permits from the Adirondack Park Agency, or the New York State Department of Health, or both. In such a case, the application for a department permit is not complete until the applicant has submitted complete applications to all agencies for all required permits, and SEQR requirements of all other agencies are fulfilled, or until the applicant demonstrates good cause not to do so.

(11) For further information concerning completeness, see section 621.6 of this Part; and for further completeness criteria for specific permits covered by this Part, see section 621.4.

(b) Minor Projects.

(1) The department has identified certain activities as minor, as listed in section 621.4 of this Part. Minor projects usually have an insignificant environmental impact. However, it is necessary to regulate such activities due to the potential for abuse of natural resources, the necessity for monitoring related activities, and the possible cumulative effect of minor actions which individually are environmentally insignificant.

(2) Minor projects are not normally subject to the public notice requirements of section 621.7 of this Part, and may be processed faster than major projects as explained in section 621.10.

(3) If the department determines that a minor project requires public notice, may have a significant impact on the environment under SEQR or requires a public hearing, the project will thereafter be processed as a major project for purposes of this Part.

(4) When a project involves simultaneous permit application for both major and minor activities, all are processed as major for purposes of this Part.

(5) When a project involves simultaneous permit applications for multiple activities, all of which are minor, all are processed as minor for purposes of this Part unless it is determined that the project may have a significant impact under SEQR, requires public notice, or a public hearing pursuant to paragraph 621.3(c)(3) above.

(c) Where a project involves permits both subject and not subject to this Part, the department reserves the right to process all such applications pursuant to this Part.

(d) Joint proceedings. In some instances, government agencies other than the department may have concurrent jurisdiction over an application for a permit under this Part. The commissioner may enter into agreements with such agencies for joint processing of the application, including provision for joint notices and hearings. The department may require the applicant to provide a copy of the permit application directly to another government agency to facilitate joint processing.

(e) Enforcement actions. Processing and review of an application may be suspended by written notice to the applicant if an enforcement action has been or is commenced against the applicant for alleged violations of the ECL or other environmental laws administered by the department at the facility or site that is the subject of the application. The alleged violations may be related to the activity for which the permit is sought or to other provisions of law administered by the department.

(1) Such suspension of processing and review may remain in effect pending final resolution of the enforcement action.

(2) This provision does not relieve the department from the requirement to make a final decision on title V facility permit applications within 18 months of the date that the application was complete pursuant to title V of the CAA (see section 200.9 of this Title) and this Part.

§621.4 Requirements for specific permit applications.

The requirements in this section for specific permits include additional information to be furnished for the department to determine that the application is complete. Supplemental information that the department determines is necessary to review the application may be requested at any time. Procedures to be followed when reviewing an application for a permit depend upon whether a project is considered major or minor. A list of specific actions considered either major or minor is included in this section for each permit type. For each permit type where a maximum permit term is established by statute or regulation the maximum permit term is provided at the end of the relevant subdivision of this section. Implementing regulations have been promulgated by the department for most activities; in some cases interpretive guidelines have also been issued. Regulations cited in the subdivisions below should be consulted for supplemental requirements when preparing a permit application. They are available from the regional permit administrators at the locations listed in section 621.19 of this Part, or from the department's Internet website at: http://www.dec.ny.gov/.

(a) Use and Protection of Waters, Permits under Part 608 of this Title, article 15 title 5 of the ECL:

(1) Disturbance of the bed or banks of a protected stream.

(i) A complete application must include a properly completed joint application for permit form, plan and profile sketches of the proposed project and a map at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing its location.

(ii) Minor stream bed or bank disturbance actions include the following: repair or in-kind replacement of existing structures; disturbances of less than 100 linear feet (30.48 linear meters) along any 1,000 feet (304.8 meters) of watercourse.

(2) Construction, reconstruction, repair, removal or breach of a dam.

(i) A complete application must include a properly completed joint application for permit and supplemental forms and information specified in Part 608.

(ii) Ordinary maintenance, as defined in 6 NYCRR subsection 608.1(v), is exempt from permitting requirements.

(iii) Minor dam projects include only repairs of existing dams inventoried by the department and for which an engineering assessment pursuant to Part 673 of this Title is on file with the department.

(3) Construction, reconstruction and expansion of piers, wharfs, platforms, breakwaters, docking facilities and the placement of moorings.

(i) A complete application must include a properly completed joint application for permit and supplemental forms, plan and profile sketches of the proposed project, and a map at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing the project location. For docking or mooring facilities the applicant must submit a plan drawn to scale depicting structures, and where appropriate, delineated facility perimeters that include a reference point to a permanent structure or significant natural feature.

(ii) Minor dock and mooring projects include:

(a) construction or installation of docks, piers, wharfs or other structures used solely as a landing place, providing dockage for 10 or fewer boats and encompassing within a facility perimeter an area of 8,000 square feet or less;

(b) the in-kind replacement of a structure on open supports; and

(c) establishing a mooring facility for 20 or fewer boats.

(4) Excavation or placement of fill in navigable waters.

(i) A complete application must include a properly completed joint application for permit form, plan and profile sketches of the proposed project, a map at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing its location, and must identify the means and location of dredged material disposal.

(ii) Minor excavation or placement of fill projects include: fill of less than 100 cubic yards; maintenance dredging occurring at least once every 10 years; excavation or placement of fill of 5,000 square feet or less; riprap of less than 100 linear feet for each parcel of land; repair or replacement in-kind and in-place of existing structures.

(b) Water Withdrawals and Long Island Wells, permits under Parts 601 and 602 of this Title, article 15 title 15 of the ECL:

(1) A complete application must include a properly completed joint application for permit and supplemental forms and all exhibits listed in Part 601 of this Title.

(2) Minor water withdrawal projects include:

(i) with respect to a public water supply, the extension of a water district or other service area to an existing facility, or a proposed facility having all required approvals from involved regulatory entities where present sources of supply are adequate to serve the proposed extension area and where the additional area does not exceed 50 percent of the size of the previously approved area;

(ii) replacement of a well with an equivalent well in the same aquifer having a capacity not more than 110 percent of the original;

(iii) changes in ownership of a water withdrawal system, including acquisitions of private systems by a town or county water district;

(iv) enlargement of existing facilities involving an increase of not more than 45 gallons per minute for groundwater sources and not more than 150 gallons per minute for surface sources, or 10 percent of the original capacity, whichever is greater; and

(v) applications for initial permits pursuant to article 15 title 15 of the ECL and 6 NYCRR Subpart 601.7.

(3) Minor Long Island well projects include:

(i) a well used solely for cooling purposes where all water pumped will be recharged within 50 vertical feet of the taking point, and no SPDES permit is required;

(ii) temporary dewatering systems withdrawing less than one million gallons per day;

(iii) permanent dewatering systems, providing all water pumped is completely recharged within 50 vertical feet of the taking point and no SPDES permit is required;

(iv) a well with a permanently installed pump, to be used for fire protection purposes only; and

(v) replacement of a well with an equivalent well in the same aquifer having a capacity not more than 110 percent of the original.

(4) Permit term: The maximum permit term for permits identified in this subdivision is 10 years

(c) Transportation of Water by Vessel, permits under article 15 title 15 of the ECL:

(1) A complete application must be accompanied by any supplemental information which the department notifies the applicant is necessary to review the application. Details are available from department staff at the locations listed in Appendix 1 of this Title, infra.

(2) There are no minor water transport projects.

(d) Wild, Scenic and Recreational Rivers, (except river areas on private land in the Adirondack Park which are subject to 9 NYCRR Part 577), permits under 6 NYCRR Part 666 of this Title, article 15 title 27 of the ECL:

(1) A complete application must include a properly completed joint application for permit and supplemental forms, a map at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing the project location and the boundary of the river area, and upon notification by the department, any other supplemental information that the department determines is necessary to review the application.

(2) Minor rivers system projects include: subdivisions creating not more than two lots; construction of single-family dwellings in subdivisions approved pursuant to Part 666 of this Title or on lots that otherwise conform to the restrictions of Part 666; and construction of accessory structures or signs.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 5 years.

(e) Water Quality Certifications in accordance with section 401 of the Clean Water Act, (see section 608.9(c) of this Title) and Part 608 of this Title:

(1) A complete application for a Water Quality Certification must include either:

(i) a written request for the Water Quality Certification; or

(ii) a properly completed joint application for permit form.

(2) The department may also request a properly completed application and supporting documentation for any required federal permits or licenses.

(3) If permits are required from the department for the activity the application must include properly completed applications.

(4) Minor 401 certification projects include those which will not exceed the minor project thresholds established in this Part for protection of waters, freshwater wetlands or tidal wetlands, and which do not involve the approval of construction and operation of hydroelectric generating facilities.

(5) Permit Term: The maximum permit term will be concurrent with the permit term for the accompanying permit issued pursuant to any program administered under this Part or the term of a license or other authorization issued by a federal agency.

(f) State Pollutant Discharge Elimination System (SPDES), permits under Part 750 of this Title, article 17 titles 7 and 8 of the ECL:

(1) A complete application must include properly completed application forms, a location map or plan at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing the point of discharge into the receiving waters, any other supplemental information that the department determines is necessary to review the application.

(2) Minor SPDES projects include:

(i) discharges of less than 10,000 gallons per day of sewage effluent, without the admixture of industrial wastes or other wastes, to groundwaters; and

(ii) ballast discharges.

(3) Permit Term: For delegated permits a maximum of 5 years. For non-delegated permits a maximum of 10 years.

(g) Air Pollution Control, permits under Parts 201, 215 and 231 of this Title, article 19 of the ECL:

(1) A complete application must include information specified in Part 201 of this Title, and other applicable air pollution control regulations.

(2) The types of projects described in subparagraphs (i) - (ix), that follow, are major; all others are minor:

(i) projects subject to the Title V facility permit requirements under Part 201 of this Title including: initial permitting of subject facilities, permit renewals and significant permit modifications;

(ii) projects involving any preconstruction permit for construction and initial operation of new emission sources at Title V permitted facilities that are defined as significant permit modifications pursuant to Section 201-6.7(d) of this Title;

(iii) projects subject to major new source review permitting under Part 231 of this Title (new Source Review for New and Modified Facilities);

(iv) projects requiring emission reduction credits;

(v) projects requiring the use of a federally enforceable emission cap:

(a) to avoid major stationary source classification as defined in Part 201 of this Title; or

(b) to avoid more stringent emission controls that would otherwise be required for projects described under subparagraph (ii) above.

(vi) projects involving emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR 61, except for emission sources subject to 40 CFR Part 61 Subpart M -National Emission Standards for Hazardous Air Pollutants for Asbestos, Section 61.145, Standards for Demolition and Renovation (see Table 3 in Part 200 of this Title);

(vii) projects involving the construction of new facilities with emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR Part 63 (See Table 4 in Part 200 of this Title); and

(viii) projects subject to title IV requirements under the CAA (see section 200 of this Title).

(3) Permit term: The maximum permit term for permits identified in this subdivision:

(i) Five years (5) for Title V and Title IV facility permits.

(ii) An indefinite term for state facility permits, except for new or modified state facility permits, which shall receive a permit term not to exceed ten years as provided for in Subdivision 201-5.3(a) of this Title.

(h) Liquefied Natural Gas and Petroleum Gas Facilities (LNG/LPG), permits under article 23 title 17 of the ECL:

(1) There are no minor LNG/LPG projects.

(2) Permit term: The maximum permit term for permits identified in this subdivision is 10 years.

(i) Mined Land Reclamation, permits under Parts 420 - 425 of this Title, and article 23 title 27 of the ECL:

(1) A complete application must include a:

(i) complete mining permit application;

(ii) complete organizational report;

(ii) mined land-use plan;

(iii) statement by the applicant that mining is not prohibited at that location; and

(iv) such additional information as the department may require.

(2) Minor mining projects are those which meet all of the following criteria:

(i) total acreage affected by mining for entire mining site is less than five acres regardless of length of mining period;

(ii) total depth of mine from floor to top of mine face is less than 20 feet;

(iii) any on-site processing of mining products consists of only those activities that are exempt from air contamination source permits pursuant to section 201-3.2(c)(28) and (29) of this Title;

(iv) there is no mining within 100 feet of any surface waters;

(v) there is no mining of consolidated minerals; (vi) there is no mining within 500 feet of any dwelling; and

(vii) there is no mining below the water table at the mine site.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 5 years.

(j) Freshwater Wetlands, permits under Part 663 of this Title, and article 24 of the ECL:

(1) A complete application must include a properly completed joint application for permit form, plans and profile sketches of the proposed project, and a map at a scale of 1"= 2,000' (1 cm = 240 m) or larger showing the project's location and, if determined necessary, a wetland delineation approved by the department.

(2) Minor freshwater wetlands projects include:

(i) In-kind and in-place replacement of existing functional bulkheads and similar structures.

(ii) Restoring, reconstructing, or modifying existing functional structures or facilities, excluding drainage ditches, that involves a temporary disturbance of less than 50 square meters (approximately 540 square feet,) of ground surface.

(iii) Removing or breaching a nuisance beaver dam, in conjunction with a nuisance beaver permit issued pursuant to article 11 of the ECL, in order to restore water levels in a wetland. The beaver dam must have been constructed within the current growing season.

(iv) Constructing a driveway in the adjacent area of a wetland to an existing residence.

(v) Filling for dikes or berms, excavations or other activities associated with a wetland or riparian restoration project authorized, designed or undertaken by the USDA Natural Resources Conservation Service, USDI Fish and Wildlife Service, US Army Corps of Engineers or the department.

(vi) Filling for dikes or berms, excavations and other activities associated with an approved wetland mitigation project required by the US Army Corps of Engineers, the USDA Natural Resources Conservation Service, or the department.

(vii) Cutting but not elimination or destruction of vegetation, such that the functions and benefits of the wetland are not significantly adversely affected.

(viii) Dredging less than 523 cubic yards (400 cubic meters) to maintain present navigational channels.

(ix) Drilling a water well to serve an individual residence.

(x) Drilling test wells for sampling and scientific studies but not for mineral exploration.

(xi) Installing a dock, pier, wharf or other structure built on floats or open-work supports and having a top surface area of approximately 200 square feet (20 square meters) or less.

(xii) Installing electric, telephone or other utilities from an existing utility distribution facility to a structure, where no major modifications or construction activities in the wetland are necessary.

(xiii) Building a deck adjoining an existing dwelling within an adjacent area.

(xiv) Routine beach regrading and cleaning.

(xv) Intensive, organized and repetitive use of all-terrain vehicles, air and motor boats, and snowmobiles in the adjacent area.

(xvi) Clear cutting timber in the adjacent area.

(xvii) Installing utility service to an individual residence.

(xviii) Application of a pesticide in an adjacent area conducted pursuant to a permit issued under article 15 of the ECL and Parts 327,328, and 329 of this Title.

(xix) Application of a pesticide to the grounds of a private residence by the owner.

(xx) Installation of fencing in an adjacent area.

(xxi) Constructing, in an adjacent area, farm ponds that do not require a permit pursuant to Part 608 of this title.

(xxii) Permanent filling of amounts of material not to exceed 1,150 cubic feet, associated with the restoration of an existing functional structure in the adjacent area of a wetland.

(xxiii) Placing a non-commercial structure, no larger than 576 square feet (53.51 square meters) gross floor area and no closer than 25 feet (7.62 meters) from the wetland boundary, proximate to an existing single family residence in the adjacent area of a wetland.

(k) Tidal Wetlands, permits under Part 661 of this Title and article 25 of the ECL:

(1) A complete application must include:

(i) properly completed joint application for permit form;

(ii) plan and profile sketches of the proposed project;

(iii) a map at a scale of 1" = 2,000' or larger showing its location;

(iv) project plans at a scale of 1" = 100' (1 cm = 12 m) with a contour interval of two feet (.609 meter) and showing the mean high water line (if the project is in the water) and/or the tidal wetlands boundary as delineated at the site by department staff or an environmental consultant, or an accurate representation of the tidal wetland boundary as taken from the official tidal wetlands maps;

(v) a description of the project including its proposed use;

(vi) the names of adjacent landowners;

(vii) a statement of feasible alternatives; and

(viii) a statement of methods to mitigate or eliminate adverse impacts to tidal wetlands.

(2) Minor tidal wetland projects include any activity given a designation of GCp - Generally Compatible Use - Permit Required in Part 661 of this Title.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 10 years.

(l) Waste Transporter and Low Level Radioactive Waste (LLRW) Transporter, permits under Parts 364 and 381 of this Title, and article 27 title 3 of the ECL :

(1) A complete application for industrial and low level radioactive waste collection must include details of specific waste characteristics and other supplemental information which the department notifies the applicant is necessary to review the application.

(2) All transportation projects are minor.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 1 year.

(m) Solid Waste Management Facilities (SWMF), permits under Part 360 of this Title, and article 27 title 7 of the ECL:

(1) A complete application for a solid waste management facility permit must include properly completed application forms, a map at a scale of 1" = 2,000' (1 cm = 240 m) or larger showing the project location, plans, reports and other supporting information required by Part 360 of this Title. If the facility is to be constructed in stages, the initial application must contain the conceptual design for the entire facility and detailed construction plans for the initial stage.

(2) Minor solid waste management facility projects include:

(i) landfills used exclusively for disposal of construction and demolition debris that are three acres or less in size;

(ii) yard waste composting facilities;

(iii) transfer stations receiving less than 50,000 cubic yards or 12,500 tons of solid waste annually; and

(iv) construction of subsequent stages of a solid waste management facility, when:

(a) the facility was previously approved to be constructed in stages; and

(b) the environmental impacts associated with the entire facility including the specific proposed stage, were previously addressed in accordance with SEQR.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 10 years.

(n) Hazardous Waste Management Facilities (HWMF), permits under Part 373 of this Title, and article 27 title 9 of the ECL:

(1) A complete application for construction or operation or construction and operation of a hazardous waste management facility must include:

(i) properly completed application forms;

(ii) plans, reports and supporting information required by Part 373 of this title;

(iii) other supplemental information which the department notifies the applicant is necessary to review the application; and

(iv) expanded public participation documentation, in compliance with Subpart 373-1 of this Title, for new hazardous waste management units or major modifications of existing permits.

(2) There are no minor hazardous waste management facility projects.

(3) Permit term: The maximum permit term:

(i) not to exceed 5 years for land disposal and incinerators; or

(ii) not to exceed 10 years for all other hazardous waste facilities.

(o) Siting of Industrial Hazardous Waste Facilities, permits under Part 361 of this Title, and article 27 title 11 of the ECL:

(1) A Part 361 application accompanies a hazardous waste management facility application (Part 373 application) and in order to be complete must include plans, report, draft environmental impact statement and supporting information required by Part 361 of this Title, as well as any supplemental information which the department notifies the applicant is necessary to review the application.

(2) There are no minor projects under Part 361 of this Title.

(p) Coastal Erosion Management, permits under Part 505 of this Title, and article 34 of the ECL:

(1) A complete application must include a properly completed joint application for permit form, be accompanied by plans, supporting documentation required by Part 505 of this Title and any other supplemental information which the department notifies the applicant is necessary to review the application.

(2) At the request of an applicant, the department shall coordinate and consolidate its application review procedures with any other such procedures required by any other federal, state or local agency into a single, comprehensive review and hearing procedure to the extent practicable to comply with ECL Section 34-0107(6).

(3) The following are minor projects: excavation, grading, mining, filling or dredging of less than 100 cubic yards; construction or modification of docks, piers, or wharves not on fill; construction or modification of erosion protection structures not exceeding 100 linear feet.

(q) Radiation Control, permits under 6 NYCRR Part 380 and articles 1,3,17,19, and 27 of the ECL:

(1) A complete application for a Part 380 permit must include information specified in section 380-3.2.

(2) The following types of projects are minor; all others are major:

(i) the discharge of licensed radioactive material to the environment in effluents to the air or water at concentrations less than the effluent concentration values listed in Table II of section 380-11.7;

(ii) the discharge of licensed radioactive material to the environment in effluents to the air or water at concentrations greater than the effluent concentration values listed in Table II of section 380-11.7 and for which the potential total effective dose equivalent to any individual member of the public does not exceed 10 millirem per year; and

(iii) the use of licensed radioactive material in the environment to conduct an environmental study for which the potential total effective dose equivalent to an individual member of the public does not exceed 10 millirem per year.

(3) Permit term: The maximum permit term for permits identified in this subdivision is 5 years.

§621.5 Optional preapplication conferences.

If a proposed project may require more than one department permit, or the preparation of an environmental impact statement the prospective applicant is encouraged to request a preapplication conference with appropriate department staff as a means of clarifying application content and procedures. This request should be made to the regional permit administrator at the appropriate location listed in section 621.19 of this Title. It should be made at the earliest possible stage of the applicant's project planning. At the conference, the proposed project will be informally discussed, permit requirements identified, and the applicant will be provided with guidance in the mechanics of the application and review process based on information provided by the applicant.

§621.6 Department action on applications.

(a) Applications must be submitted to the appropriate regional permit administrator or, for those permits processed in the department's central office, to the chief permit administrator, listed in section 621.19 of this Part, for a determination of completeness and initiation of review. It is the responsibility of the applicant to ensure the department is notified of all address changes.

(b) In reviewing an application for a permit, department staff ordinarily inspects the project site or facility and surrounding area to verify existing conditions, determine the accuracy of materials submitted in the application, assess impacts of a project on the environment in the immediate and surrounding area, and determine whether the project satisfies applicable permitting standards. During an inspection, among other things, measurements may be made, physical characteristics of the site may be analyzed, including but not limited to soils and vegetation, and photographs may be taken. Ordinarily, site visits will occur between 7 am and 7 pm Monday through Friday. Unusual circumstances including (but not limited to) emergencies or disasters may require site inspections outside of these hours. An applicant's failure to allow access to the site or facility can be grounds for, and may result in, permit denial.

(c) The department must mail notice of its determination of completeness or incompleteness to the applicant for:

(1) delegated permits: on or before 60 calendar days after receipt of the application, except for minor modifications to Title V facility permits which follow the timeframe under paragraph (2) below;

(2) all other permits: on or before 15 calendar days after receipt of the application; and

(3) projects requiring both delegated and nondelegated permits: on or before 60 calendar days after receipt of the application.

(d) If the application is determined to be incomplete, the notice must include a description of the deficiencies and a listing of all identified areas of incompleteness. Nothing in this section precludes the department from requesting additional information in accordance with 621.14(b) of this Part.

(e) Applications will remain incomplete until all requested items are received by the department. A partial submission of requested material does not change the incomplete status. Department staff must notify the applicant of the continued incomplete status of its application.

(f) Failure of the applicant to respond in writing to the department's notice may result in the application being deemed withdrawn without prejudice pursuant to the procedures in paragraphs (1) and (2) below.

(1) If an applicant fails to respond to a notice of incomplete application within one year, the department may send a follow-up notice of incomplete application requesting, by a reasonable date, the necessary items for a complete application or an explanation for the delay.

(2) If the department sends notification pursuant to paragraph 621.6(f)(1) above and the applicant fails to respond to the follow-up notice of incomplete application by the date specified in the letter, the department may notify the applicant that the application is considered chronically incomplete and deemed withdrawn. This notice must be sent by certified mail, return receipt requested.

(g) If the application is determined to be complete, a Notice of Complete Application must be prepared. Requirements for notice content and publication are contained in section 621.7 of this Part.

(h) If the department fails to mail notice of its determination of completeness or incompleteness to the applicant within the time limit specified in 621.6(f) above, the application will be deemed complete. Nothing in this section waives any applicable statutory requirements of article 8 of the ECL (SEQR), article 14 of Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980) or precludes the department from requesting additional information in accordance with section 621.14(b) of this Part.

(i) If an application is resubmitted, a new completeness review period of 15 days (60 days for delegated permits and those projects requiring both delegated and nondelegated permits) shall commence from the date of receipt by the department.

(j) Time frames and due dates in this Part are calculated in accordance with the General Construction Law, article 2, section 20 where day one is the day after a pertinent time sensitive event such as date of receipt or day of publication. Unless indicated otherwise, days are calculated as calendar days.

§621.7 Public notice and comment.

(a) Immediately upon determining that an application is complete and is for a major project:

(1) The department must provide notice to the chief executive officer of the municipality in which the proposed project is to be located, and to any person who has previously expressed in writing an interest in receiving such notification.

(2) The department must also publish a notice of complete application in the Environmental Notice Bulletin, no more than 10 calendar days after the date of notice to the applicant.

(b) The notice must contain the following information:

(1) The applicant's name.

(2) A brief description of the proposed project and its location.

(3) A list of all department permits for the project for which application has been made, and identification numbers for those applications.

(4) The name and telephone number of the department representative and, where applicable, of any lead agency representative to contact for further information.

(5) The status of environmental reviews conducted under SEQR, including identification of lead agency, positive or negative determination of significance, and whether the action is Type I, unlisted, or Type II as defined in Part 617 or 618 of this Title.

(6) The deadline for submission of written comments on the application, including any request for a public hearing. The minimum time frames for review and comment are as follows:

(i) applications supported by a SEQR negative declaration, not less than 15 days after the date of publication unless otherwise specified in this paragraph;

(ii) applications supported by a SEQR draft environmental impact statement, not less than 30 days after the date of publication;

(iii) Mined Land Reclamation applications, not less than 30 days after the date of publication;

(iv) Delegated State Pollution Discharge Elimination System permits, delegated air pollution control permits, and other federally enforceable air permits, not less than 30 days after the date of publication; or

(v) HWMF permits or RAPs, not less than 45 days after the date of publication.

(vi) Where notices are required to be published in multiple publications, and the publication dates fail to coincide such that the deadline dates for submission of written comments to the department are not similar, the final deadline for comments shall be the latest of the published deadline dates.

(7) For delegated permits, the tentative determination and the availability of either the draft permit or notice of intent to deny:

(i) If the tentative determination is to issue the permit, then the department must prepare and issue a draft permit containing the following information:

(a) for SPDES, information required to be in permits as provided in Part 750 of this Title;

(b) for HWMF, information required under section 373-1.4(d) or for RAPs set forth in section 373-1.11(d)(2) of this Title; and

(c) for air pollution control, information required under New Source Non Attainment Review or Prevention of Significant Deterioration Review pursuant to Parts 231 and Part 201 of this Title for projects subject to Title V facility permit requirements.

(ii) If the determination is to deny the permit, then the department must issue a notice of intent to deny.

(iii) If, after issuing a notice of intent to deny a permit, the department makes a determination based on additional information or further consideration that a permit may be issued, the department may upon the applicant's consent:

(a) withdraw the notice of intent to deny;

(b) issue a draft permit; and

(c) provide public notice of the intent to issue a permit in accordance with this Part.

(8) For delegated permits, the notice of complete application will serve as a fact sheet for projects or facilities on a list agreed to by the department and the U.S. Environmental Protection Agency (EPA) or for projects that the department finds are the subject of significant public interest or raise substantive and significant issues. The notice of complete application must include the information required under:

(i) section 750-1.7 of this Title for SPDES permits;

(ii) Part 373 of this Title for HWMF permits or RAP permits; and

(iii) for air pollution control permits subject to Subpart 231-2 of this Title, the notice must state that information regarding the demonstration of the Lowest Achievable Emission Rate (LAER) or Best Available Control Technology (BACT)or both are available from the department and may be reviewed upon request.

(9) For title V facility permits, the notice of complete application must state that the EPA has the authority to bar issuance of the subject permit (see Part 201 of this Title).

(c) Publication of a notice of complete application in a newspaper is required for all major projects.

(d) Public announcement broadcast over local radio stations is required for complete applications on all HWMF permits or RAPs.

(e) The department may provide or require the applicant to provide other reasonable public notice of complete application. Such notice may include, but is not limited to, the distribution or posting of information about the proposed project in the area in which the proposed project is to be located, conduct of public information meetings, translation of notices for non-English speaking communities and the establishment of document repositories in the area in which the proposed project is to be located, and must contain the information specified in paragraphs 621.6(b)(1) through (9) of this section.

(f) If the application is determined to be complete and for a minor project, the notice must contain:

(1) information required by paragraphs (1)-(5) of subdivision (b) of this section; and

(2) a statement that the application is for a minor project.

(g) For minor projects, some or all of the above procedures in subdivisions 621.6 (a),(c), and (d) of this section may be required of the applicant, at the discretion of the department.

(h) Part 624 of this Title governs public comment procedures for projects subject to public adjudicatory hearing.

(i) Notice of complete application required under this section must also be provided to:

(1) all agencies which have jurisdiction to fund, approve or are directly undertaking the project;

(2) agencies with which the department is required to consult prior to its determination of completeness, including but not limited to those responsible for historic preservation and coastal zone management;

(3) the United States Environmental Protection Agency and other persons and agencies as required for federally delegated permits;

(4) any affected states and Indian governments for new projects, major permit modifications and permit renewals subject to air Title V facility permit requirements;

(5) for sources subject to air New Source Review permit requirements pursuant to Part 231 of this Title:

(i) affected states and Indian governments;

(ii) the federal land manager of federal class 1 areas whose air may be affected by the proposed source, and

(iii) the county chief executive, any local air pollution control agency and any comprehensive regional land use planning agency where the proposed source would be located;

(6) for Mined Land Reclamation permits, on lands not previously permitted pursuant to article 23, title 27 of the ECL, the department must send a notice by certified mail return receipt requested to the chief administrative officer of the political subdivision in which the proposed mine is to be located. This notice must:

(i) be accompanied by copies of all documents that comprise the complete application;

(ii) state whether the application is for a major project or a minor project pursuant to section 621.4(i) of this Part; and

(iii) allow thirty days for the chief administrative officer to provide comments on the application in regard to:

(a) appropriate setbacks from property boundaries or public thoroughfare rights-of-way;

(b) fabricated or natural barriers designed to restrict access if needed, and, if affirmative the type, length, height and location thereof;

(c) the control of dust;

(d) hours of operation; and

(e) whether mining is prohibited at that location.

(7) any person on a mailing list, developed by the department, of persons interested in such projects. The department must publish a notice in the Environmental Notice Bulletin of the opportunity to be on the list.

§621.8 Determination to conduct a public hearing.

(a) After a permit application for a major project is complete (see provisions of sections 621.3, 621.4 and 621.6 of this Part) and notice in accordance with section 621.7 of this Part has been provided, the department must evaluate the application and any comments received to determine whether a public hearing will be held. If a public hearing must be held, the applicant and all persons who have filed comments must be notified by mail. This must be done within 60 calendar days of the date the application is complete. The Uniform Procedures time frames are suspended as of the date the department notifies the applicant of its decision to hold a hearing and the time frames of Part 624 of this Title, Permit Hearing Procedures, apply. A hearing may be either adjudicatory or legislative pursuant to Part 624 of this Title or legislative pursuant to this Part.

(b) The determination to hold an adjudicatory public hearing shall be based on whether the department's review raises substantive and significant issues relating to any findings or determinations the department is required to make pursuant to the Environmental Conservation Law, including the reasonable likelihood that a permit applied for will be denied or can be granted only with major modifications to the project because the project, as proposed, may not meet statutory or regulatory criteria or standards. In addition, where any comments received from members of the public or other interested parties raise substantive and significant issues relating to the application, and resolution of any such issue may result in denial of the permit application, or the imposition of significant conditions thereon, the department shall hold an adjudicatory public hearing on the application.

(c) Regardless of whether the department holds an adjudicatory public hearing, a determination to hold a legislative public hearing shall be based on the following:

(1) if a significant degree of public interest exists;

(2) to fulfill the requirements of Section 617.9(a)(4) of this Title; or

(3) for HWMF permits or RAPs, if notification of opposition to a draft permit or RAP, and a request for a hearing is received during the public comment period.

(d) Mere expressions of general opposition to a project are insufficient grounds for holding an adjudicatory public hearing on a permit application. In order to raise substantive and significant issues, written comments expressing objection or opposition to an application must explain the basis of that opposition and identify the specific grounds which could lead the department to deny or impose significant conditions on the permit.

(e) The department normally does not require public hearings in connection with applications for minor projects, as identified in sections 621.3 and 621.4 of this Part. If a public hearing is required for a minor project, the application shall be treated as a major project for purposes of this Part.

(f) If a public hearing on an application is required to be held, it must commence on or before 90 calendar days after the date the application is complete.

(g) The public adjudicatory hearing will be held according to the provisions of Part 624 of this Title.

§621.9 Settlement conferences.

(a) Under certain circumstances, a settlement conference may offer a more effective and efficient way to resolve disputes over applications than an adjudicatory hearing. A settlement conference is an opportunity for frank and open discussion between parties in the presence of an administrative law judge that may result in the resolution of outstanding issues. The purpose of the conference is to allow both parties to participate in good faith in the process of narrowing and resolving areas of disputes. The further option of an adjudicatory hearing may still be exercised should resolution not be achieved.

(b) The regional permit administrator may offer an applicant the option to participate in a settlement conference, or the applicant may request a settlement conference, if the application meets the following conditions:

(1) no draft environmental impact statement has been required to be prepared;

(2) public notice has been published (unless the application is for a minor project);

(3) no substantive public comments have been received or public concerns identified;

(4) there remain unresolved departmental concerns with the proposed project that could result in either permit denial or substantial modification; and

(5) the applicant has agreed to a suspension of the time period for a decision pursuant to section 621.14(a) of this Part.

(c) A settlement conference shall be conducted by an administrative law judge assigned by the commissioner.

(d) The parties to the conference shall be the applicant and appropriate department staff, and their representatives.

(e) Each party shall be afforded an opportunity to present summary written documents and oral statements in support of its positions.

(f) The administrative law judge shall have the power to:

(1) set the time and place of the conference;

(2) help the parties define unresolved issues and their respective positions on them;

(3) offer opinions on the relative merits of each party's position and alternative ways to resolve disputed positions;

(4) try to facilitate the settling of issues in dispute; and

(5) close the conference if no reasonable progress towards resolution is being made.

(g) The administrative law judge shall:

(1) prepare a report which will identify the issues raised, identify the scope and nature of any settlement, and recommend further action on outstanding issues including the need for hearing; and

(2) send the report to the regional permit administrator and the applicant within 30 calendar days of the close of the conference.

(h) On the date the department mails a notice to the applicant granting the settlement conference time frames specified in this Part are suspended. Upon receipt of the administrative law judge's report by the regional permit administrator such time periods will resume at the same point they were suspended.

(i) If an adjudicatory hearing is ultimately held on an application that used the settlement conference procedure, an administrative law judge other than the one who conducted the settlement conference shall preside. The presiding administrative law judge at the adjudicatory hearing shall not confer on the merits of the application with the administrative law judge who conducted the settlement conference. No part of the settlement conference report shall be introduced into the hearing record without the consent of the department staff and the applicant.

§621.10 Final decisions on applications.

(a) The department or its agent shall mail to the applicant and its representative, if applicable, a decision in the form of: a permit, a permit with conditions or a statement that the permit applied for has been denied, with an explanation for the denial. This must be done within the following time periods:

(1) for a minor project for which no adjudicatory public hearing has been held: on or before 45 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, then the decision notification must include an opportunity for an adjudicatory hearing to be held. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The department must commence the hearing within 45 calendar days of receiving the request;

(2) for a major project for which no public hearing has been held: on or before 90 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, the decision notification will state that the applicant has the right to an adjudicatory hearing. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The department must commence the hearing within 45 calendar days of receiving the request;

(3) for any application for which a public hearing has been held on or before 60 calendar days after the receipt by the department of the complete hearing record; and

(4) for a project which a lead agency has determined may have a significant impact on the environment for the purposes of SEQR, and for which the department is not the lead agency: the time periods specified in this Part shall be suspended not less than 35 days prior to the date on which a final decision is required pursuant to this Part, pending receipt from the lead agency of either a final environmental impact statement, or a determination of nonsignificance. Upon receipt of these materials the time periods shall resume.

(5) Notwithstanding the time periods established in paragraphs (2) and (3) of this subdivision, for applications for Title V facility permits, the department may not issue a final decision unless the EPA has been provided 45 calendar days to review any responsiveness summary, and the proposed permit issued by the department in accordance with subdivision (e) of this section. The public may petition the EPA to object to the issuance of the proposed permit and the EPA may bar issuance of the proposed permit (see Part 201 of this Title).

(b) If the department or its agent fails to mail a decision within the time periods specified above, the applicant may make notice of that failure, by means of certified mail, return receipt requested, addressed to the Commissioner of the Department of Environmental Conservation, Attention: Chief Permit Administrator, New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. If authority to issue and deny permits has been delegated by the commissioner to another agency, notice must also be made to the chief executive of such agency. Such notice must contain the applicant's name, location of the proposed project, the office in which the application was filed, the identification number(s) assigned to the application in any notice from the department and a statement that a decision is sought according to this subdivision or ECL 70-0109(3)(b). Any notice failing to provide this information will not invoke this provision.

(c) If the department or its agent fails to mail the decision to the applicant within five working days of the receipt of such notice, the application will be deemed approved and the permit deemed granted, subject to the standard terms or conditions applicable to such a permit. The provisions of this subdivision do not apply to:

(1) delegated HWMF permits OR RAPs; and

(2) title V facility permits, unless the department has satisfied all requirements established under this Part and Part 201 of this Title regarding notice and opportunity for review of draft permits by EPA, affected states and the public; or

(3) other federally enforceable air permits unless the department has satisfied all requirements for review of draft permits by the public.

(d) Notwithstanding the time periods for decisions specified above, the department or its agent will not be required to issue a decision on an application, nor will a permit be deemed issued, until the applicant has provided satisfactory proof of any public notice required, posted any bonds required, and paid all fees or costs assessed by the department.

(e) For delegated permits, the department will issue a responsiveness summary to relevant comments relating to such permits that were received during the public comment period or during any hearing. The provisions of this paragraph are not applicable to permits for which a final environmental impact statement otherwise satisfying the requirements of this subdivision has been prepared pursuant to section 617.9 of this Title. The responsiveness summary must:

(1) identify any conditions in the final permit that are different from the conditions in the draft permit, and the reasons for the changes; and

(2) for Title V facility permits, be issued within 60 days of the date the application is complete except when a hearing is required. The responsiveness summary must also reference the procedures contained in Part 201 of this Title that the public must follow if they elect to petition the EPA to object to the issuance of the proposed permit.

(f) An application for a permit may be denied for failure to meet any of the standards or criteria applicable under any statute or regulation pursuant to which the permit is sought, including applicable findings required by article 8 of the ECL and its implementing regulations at Part 617 of this Title, or for any of the reasons set forth at 621.13(a)(1)-(6) of this Part.

§621.11 Applications for permit renewals, reissuances and modifications, including transferring or relinquishing permits.

(a) Unless instructed otherwise, applications to renew or modify permits, except SPDES permit renewals, must be submitted to the regional permit administrator. Applications must provide information supporting the action sought and, if for a modification, must include a statement of necessity or reasons for modification.

(1) Applications for renewal must be submitted no less than 180 calendar days prior to permit expiration for HWMF, RAPs, major Air Pollution Control, all SWMF permits, or no less than 30 calendar days prior to permit expiration for all other permit types.

(2) These deadlines apply unless otherwise stated as a special condition of the permit.

(b) SPDES Renewals. Applications for all SPDES permit renewals must be submitted on forms prescribed by the department and sent to the Chief Permit Administrator, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750.

(1) SPDES permits renewed pursuant to the administrative renewal procedures contained in Part 750-1 of this Title are subject to the public notice, comment and hearing procedures of this Part.

(2) Applications for renewal must be submitted no less than 180 calendar days prior to permit expiration.

(3) Renewal of a SPDES permit where the facility that would be or is the source of the permitted discharge, but has not operated during the term of the permit, will be treated as a new application and be subject to a full technical review.

(c) Transfers. Applications for the transfer of permits in effect, or pending permit applications, to a different permittee or applicant, or to change the name of the permittee or applicant, must be submitted on a form prescribed by the department and must be done in consideration of the following:

(1) Applications should be submitted at least 30 days prior to transfer, unless a different time period is required by specific program statute or regulation.

(2) Transfer of permits is not allowed for water withdrawal permits or waste transporter permits including LLRW transporter permits. These activities require the submission of a new application by the proposed new permittee.

(3) The applicant for permit transfer proposes no significant change in the design or operation of the previously approved project that was permitted.

(4) The new permittee must satisfy required financial obligations and insurance coverage.

(5) A new permittee may be subject to a record of compliance review before a decision on permit transfer is rendered.

(6) Any noncompliance by the existing permittee, associated with the permits proposed to be transferred, must be resolved to the department's satisfaction.

(d) Relinquishments. A person may relinquish a permit by sending a written notification to the regional permit administrator of the Region in which the facility is located (See section 621.19 of this Part). The notification must:

(1) identify the permit to be relinquished by its permit number;

(2) state why the permit is being relinquished;

(3) describe how the provisions and conditions of the permit have been satisfied; and

(4) provide an explanation of any remaining actions required at the site or facility prior to terminating the remaining term of the permit.

(e) In reviewing a request to relinquish a permit, the department must confirm whether or not permit provisions and conditions have been satisfied, including post operational requirements. The department will provide written verification of its concurrence with permit relinquishment or provide reasons why the permit must remain in effect.

(f) The department must notify the applicant by mail of its decision on renewals, modifications, reissuances (pursuant to subdivision (m) of this section) transfers or relinquishment of permit requests on or before 15 calendar days after receipt of the application except as provided in subdivisions (h) and (j) of this section.

(1) The department's failure to find a timely renewal application insufficient within 15 calendar days of the department's receipt of the application for renewal or 60 days for delegated permits, will result in the application being deemed sufficient under the State Administrative Procedure Act, Chapter 82 of the NYS Consolidated Laws.

(2) Where an application for permit renewal is timely filed, but determined insufficient, and the applicant subsequently provides required information prior to permit expiration, the application will be considered both timely and sufficient.

(3) When the department proposes modifications to the provisions of a permit, including permit conditions, in conjunction with an application for permit renewal, the department must notify the applicant of the proposed changes to the permit either through a draft permit on which the applicant will be provided the opportunity to review and comment, or by notification pursuant to Section 621.13(c) of this Part.

(4) An application for renewal, modification, transfer or permit relinquishment may be denied for failure to meet any of the standards or criteria applicable under any statute or regulation pursuant to which the renewal or modification is sought, and applicable findings required by article 8 of the ECL or for any of the reasons set forth in section 621.13(a)(1) - (6) of this Part.

(g) If the decision is to deny the permit or requested action under transfer or relinquishment or to issue a permit with substantive conditions, the applicant may request a hearing be held by writing the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of mailing of the decision to deny or date the permit with substantive conditions is issued. Such a hearing must be held within 60 calendar days of the applicant's request.

(h) The department may determine that any application for renewal or modification will be treated as a new application for a permit if:

(1) the application involves a material change in existing permit conditions or in the scope of the permitted actions;

(2) there is newly discovered material information or there has been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

(3) an opportunity for public comment or hearing or both is required by law or is deemed necessary by the department;

(4) the renewal application is not timely or sufficient; or

(5) any of the grounds listed in Section 621.13(a)(1)-(6) of this Part are encountered.

In such cases, on or before 15 calendar days after receipt of the application, the department must mail the applicant notice of such a determination, and a further determination of whether the application is complete.

(i) For delegated permits, an application for permit renewal or modification will be treated as a new application under this Part. Minor modifications of title V facility permits as set forth in Part 201 of this Title will be treated as new minor projects under this Part. This paragraph does not apply to:

(1) minor modifications for HWMF permits as set forth in section 373-1.7 of this Title;

(2) administrative amendments of title V facility permits as set forth in Part 201 of this Title; or

(3) minor SPDES permits as set forth in 40 CFR 122.63, July 1, 1987 (see section 621.16 of this Part).

(j) If the department or its agent fails to mail the applicant the notice of its decision as required in subdivision (f) or (h) of this section, the applicant is entitled to make notice of that failure and receive a decision within five working days pursuant to subdivisions 621.10(b) and (c) of this Part.

(k) Notwithstanding any other provision of this section, subdivisions (d) and (e) of section 621.3 of this Part shall apply.

(l) Pursuant to section 401(2) of the State Administrative Procedure Act, when a permittee has submitted a timely and sufficient application for renewal of a permit for an activity of a continuing nature per subdivision (a) of this section, the existing permit does not expire until the department has made a final decision on the renewal application and if such application has been denied, then not until the last day for seeking review of the agency order or any later date fixed by a court. Projects or activities of a continuing nature are those involving an ongoing operational activity.

(m) Reissuances. Activities that are not of a continuing nature are not subject to the provisions of section 621.11(l) above. However, expired permits may be reissued for a new permit term where the criteria in paragraphs (1) through (6) below are met.

(1) there is no change in the activities to be undertaken from those that were previously permitted;

(2) there has been no material change in environmental conditions;

(3) the request for reissuance of the permit is made within 2 years of the date the previous permit expired;

(4) if applicable, all fees and sureties are paid;

(5) there are no outstanding violations of the ECL or other environmental laws administered by the department at the facility or site that is the subject of the previous permit; and

(6) the time period from the effective date of the initially issued permit to the expiration date of the reissued permit must not exceed 10 years.

If these conditions are not met, the former permittee must apply for a new permit.

§621.12 Emergency authorizations.

For projects carried out in response to an emergency, the following procedures shall apply:

(a) All procedural requirements of this Part related to application processing are waived, except as provided in this section.

(b) Prior to commencement of an emergency action or project, the department must be notified, as specified in subdivision (d) below, and must determine whether to deny or grant approval pursuant to subdivision (e) of this section.

(c) If circumstances warrant immediate action by a state or local government agency or a public benefit corporation and prior notice to the department is not possible, that agency or corporation may proceed to undertake the emergency action but must then notify the department within 24 hours after commencement of the project. The department must subsequently respond pursuant to subdivision (f) of this section.

(d) Notification pursuant to subdivisions (b) or (c) above may be by certified mail, telegram, mailgram, facsimile (FAX), electronically or a written form of communication to the appropriate regional permit administrator as listed in section 621.19 of this Part. This notification must include submission of the following information:

(1) a description of the proposed action;

(2) location map and plan of the proposed project;

(3) reasons why the situation is an emergency based on the immediate protection of life, health, general welfare, property or natural resources;

(4) actions to be taken to minimize environmental impacts; and

(5) any additional information requested by the department necessary to make a finding of emergency.

(e) Prior to issuing an emergency authorization, the department must:

(1) make a finding of emergency stating that the action is an emergency as defined in Section 621.2(j), why immediate action is needed and the consequences to life, health, general welfare, property or natural resources if the action is not immediately taken; and

(2) determine from the available information that the project will be carried out in a manner that will cause the least change, modification or adverse impact to life, health, property or natural resources. The department may attach conditions to emergency authorizations and enforce them to assure compliance with the authorization and other regulatory standards that would apply to such actions absent an emergency.

(f) The department will issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in subdivision (d) of this section in the form of a letter that may be facsimiled (FAXED), mailgramed or otherwise electronically sent to the applicant. The original letter must be mailed to the applicant.

(1) The emergency authorization must contain the department's finding of emergency. The finding of emergency must state why the department believes the emergency action is necessary based on the protection of life, health, general welfare, property or natural resources.

(2) The denial of emergency authorization must contain the department's reasons why it has determined the activity does not constitute an emergency.

(g) An emergency authorization may be issued for a term not to exceed 30 calendar days. It may be renewed for one term not to exceed 30 calendar days. On or before 60 calendar days after the department's original approval, the project must be concluded or the authorized person must file a complete application for any necessary permit with the department. The application will be subject to all the procedural requirements of this Part. If the application for a permit is timely and complete the permittee may continue working pursuant to the emergency authorization until the permit is issued.

(h) The department may issue an order summarily suspending:

(1) an action begun before the grant of an emergency authorization, if the department finds that no emergency exists; or

(2) an emergency authorization, if the department finds that an action is no longer immediately necessary to protect life, health, property or natural resources.

Such action must cease immediately upon receipt of the order by the responsible party.

(i) A person who violates any provision of this section or any term or condition of an emergency authorization will be ordered to perform any required restoration or provide department authorized mitigation of environmental damage resulting from that action. In the event that the person fails to undertake the work ordered, the department or its agent may enter upon the lands or waters where the action took place and perform restoration or other activities necessary to mitigate or eliminate environmental damage caused by the action. If the department undertakes the remedial action, or causes it to be undertaken, the full cost for the work will be charged to and be the responsibility of the person who failed to satisfy the provisions of this section.

§621.13 Permit modifications, suspensions or revocations by the department.

(a) Permits may be modified, suspended or revoked at any time by the department on the basis of any ground set forth in paragraphs (1) through (6) below:

(1) materially false or inaccurate statements in the permit application or supporting papers;

(2) failure by the permittee to comply with any terms or conditions of the permit;

(3) exceeding the scope of the project as described in the permit application;

(4) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

(5) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the department related to the permitted activity; or

(6) for SPDES permits, in addition to paragraphs (1) through (5) above, any of the reasons listed in Part 750-1.18 (b)(1) through (7) of this Title.

(b) The department may consider requests from any interested party for modification, suspension or revocation of permits based on reasons given in paragraphs 621.13(a) (1) through (6) above. Requests must be in writing, contain facts or reasons supporting the request and be sent to the regional permit administrator as listed in section 621.19 of this Part. The department must decide whether the request is justified and the action to be taken in response to the request. A brief response giving the reason(s) for the department's decision must be sent to the party making the request. Rejection of interested party requests for modification, suspension or revocation are not subject to public notice, comment or hearings.

(c) The department must send a notice of intent to modify, suspend or revoke a permit to the permittee by certified mail return receipt requested or personal service. The notice must state the alleged facts or conduct which appear to warrant the intended action and must state the effective date, contingent upon administrative appeals, of the modification, suspension or revocation.

(d) Within 15 calendar days of mailing a notice of intent, the permittee may submit a written statement to the regional permit administrator or chief permit administrator, as directed, giving reasons why the permit should not be modified, suspended or revoked, or requesting a hearing, or both. Failure by the permittee to timely submit a statement will result in department's action becoming effective on the date specified in the notice of intent.

(e) Where the department proposes to modify, suspend or revoke a permit and the permittee requests a hearing on the proposed modification or change in permit status, the original permit conditions or permit status will remain in effect until a decision is issued by the commissioner pursuant to subdivision (h) of this section. At such time, the permit conditions or permit status supported by the commissioner's decision will take effect.

(f) For delegated permits, a modification which would result in less stringent regulatory standards in the permit or is initiated following a SPDES Environmental Benefits Permit Strategy full technical review will be processed as a new application for a permit pursuant to this Part. For purposes of this subdivision the date of transmittal of the notice and modified draft permit will be considered the completeness date.

(g) Within 15 calendar days of receipt of the permittee's statement, the department will either:

(1) rescind or confirm the notice of intent based on a review of the information provided by the permittee, if a statement without a request for a hearing is submitted; or

(2) notify the permittee of a date and place for a hearing, if a statement with a request for a hearing has been submitted, to be commenced not later than 60 calendar days from this notification, except for a SPDES permit, the hearing must not commence earlier than 30 days from notification.

(h) In the event such a hearing is held, the commissioner must, within 30 calendar days of receipt of the complete record, issue a decision which:

(1) continues the permit in effect as originally issued;

(2) modifies the permit, or suspends it for a stated period of time or upon stated conditions; or

(3) revokes the permit; including, where ordered by the commissioner, removal or modification of all or any portion of a project, whether completed or not.

Notice of such decision, stating the findings and reasons therefor, must be provided under the procedures of section 621.10 of this Part.

(i) Revocation or suspension of Waste Transporter permits that were issued pursuant to Part 364 of this Title requires the department to publish a public notice of the revocation or suspension in the Environmental Notice Bulletin and a newspaper or newspapers having a general circulation in the area or areas served by the permittee. The notice must include a statement that the permittee is no longer permitted to handle such waste. The notice must be published once each week for two consecutive weeks. The first notice must be published within fifteen days following the revocation or suspension.

(j) Nothing in this Part shall preclude or affect the commissioner's authority to issue summary abatement orders under section 71-0301 of the Environmental Conservation Law, or to take emergency actions summarily suspending a permit under section 401(3) of the State Administrative Procedure Act.

§621.14 Special provisions.

(a) Any time period specified in this Part may be extended for good cause, by mutual written consent of the applicant and the department. The EPA must be notified in those cases where a proposed extension will exceed the time periods established in Federal regulation. This provision does not supersede the requirement that the public can request judicial review in State court if a title V permit is not issued within 18 months of the date that an application is complete.

(b) At any time during the review of an application for a new permit, modification, or renewal, the department may request in writing any additional information which is reasonably necessary to make any findings or determinations required by law. Such a request must be explicit, and must indicate the reasonable date by which the department is to receive the information. Failure to provide such information by the date specified in the request may be grounds for permit denial.

(c) The department may issue general permits to allow work to eliminate damage caused by natural disasters or extraordinary weather not unique to a particular locality, including repair or replacement in location and in kind of facilities which existed prior to the damage. Processing of such permits need not follow the full procedural requirements of this Part.

(d) General permits may also be issued by the department for projects that are determined not to have a significant impact on the environment, and that have been subjected to the full procedural requirements of this Part for major projects. General permits under the SPDES program and the air pollution control program in accordance with Part 201 of this Title may be issued for regulated activities for which the department determines that all the requirements of this subdivision have been met.

(e) The department may require as a condition to a permit, and prior to commencement of work, that the permittee post a bond or other financial assurance acceptable to the department of specified amount with the department. This is to ensure faithful compliance with the terms of the permit, and is used for the indemnification of the State for any costs which might result from failure to so comply. The bond or other financial assurance shall remain in effect until the work is completed to the satisfaction of the department.

(f) Where this Part requires exchange of written materials within specified time periods, postmark dates shall satisfy the requirements, when not otherwise specifically provided.

(g) The department may issue a research, development, and demonstration permit, where program regulations provide for such consideration, for any facility which proposes to utilize an innovative and experimental technology or process for which permit standards have not been promulgated. This permit must include terms and conditions to assure protection of human health and the environment.

(1) Variances from permit application and issuance requirements of this Part may be granted by the department, except there may be no variance from any provisions requiring public participation.

(2) Such permits may be issued for a period not to exceed one year and may not be renewed more than three times, with each renewal period not to exceed one year. Experimental permits may be revoked when it is determined by the department to be necessary to protect human health and the environment.

(3) These permit applications are subject to all other procedural requirements of this Part.

§621.15 Conceptual review.

(a) A project sponsor may request the regional permit administrator to conduct a conceptual review of the substantive consistency of the project or any component thereof with current State environmental policy and standards at the time of submission of an application (which need not be complete) if:

(1) the project will involve a major land use (e.g., housing subdivision, planned unit development, new community, regional shopping center, manufacturing plant, office center, public or private institution such as schools, hospitals, civic centers, etc.); or

(2) the expense of preparing detailed plans, specifications and applications, without conceptual review, will constitute an undue burden on the project sponsor, considering the risks involved and the alternatives available.

(3) In determining whether to grant conceptual review, the department shall give special consideration to cases involving projects which are likely to require multiple permits from the department, which will take place in phases over a period of time, or which involve factual determinations of a difficult issue or issues.

(b) A request for conceptual review must contain the following:

(1) a map of the county, showing the location of the proposed project, and a map or maps at a scale of 1" = 2,000' or larger showing the general layout of the proposed project and giving general depiction of existing site topography, water bodies and courses, roads, and character of vegetation;

(2) a statement generally describing the proposed project, including proposed plans for buildings, water and energy supplies, sewage disposal, drainage, solid waste disposal, roads and parking, and any planned alteration of water bodies, watercourses, site vegetation and site topography if known;

(3) a general statement of the applicant's timetable and financial plans for the carrying out of the proposed project;

(4) a general statement of any governmental financial aid, facilities, or other assistance which the potential applicant expects to be provided for the proposed project;

(5) an identification of all governmental agencies with jurisdiction over the project, and the extent of that jurisdiction if known; and

(6) where applicable, the public necessity to be met by the project.

(c) Within 30 days after receipt of a request for conceptual review, the department shall notify the applicant in writing whether the information furnished is sufficient for the purpose of commencing conceptual review. If additional information must be submitted, its sufficiency will be evaluated within a new 30-day period after it is received by the department.

(d) If the department decides that a conceptual review will be conducted, upon receipt of any required draft environmental impact statement, the department will publish a notice of commencement of conceptual review in the next available issue of the Environmental Notice Bulletin and by such other means as it deems appropriate. This notice must contain the items enumerated in subdivisions 621.7(b) and (f) of this Part.

(e) The department may require additional necessary information to be submitted at any time during the course of the conceptual review.

(f) Not more than 30 calendar days after publication of the notice of commencement of conceptual review, the department will decide whether to hold a public hearing in accordance with section 621.8 of this Part, and will notify the applicant, in writing, of that decision.

(g) If an adjudicatory hearing is held, it shall be governed by Part 624 of this Title.

(h) The department shall issue a post-conceptual review decision:

(1) in cases where no public hearing has been held, within 120 days after the notice of commencement of conceptual review has been published; or

(2) in cases where a public hearing has been held, within 60 days of the closing of the hearing record.

(i) The post-conceptual review decision shall contain the following:

(1) the department's decision whether, on the record compiled, the proposed project or the component or issue reviewed would be consistent with the environmental policy of the State as expressed in the Environmental Conservation Law. This shall take into account both the specific standards to be applied under the department's various relevant permit requirements, and the requirements of article 8 of the ECL (SEQR);

(2) a list of all department permits which appear to be required for the project, and a statement of the sequence in which the potential applicant should submit applications to the department for such permits; and

(3) a list of standards and conditions to avoid or mitigate adverse environmental impact, which the department intends to apply to the proposed project.

(j) The post-conceptual review decision is not a permit. It is intended to provide potential applicants with a binding decision from the department as to the general acceptability of a proposed project or any component or issue specified, the standards which will be applied to it and desirable design standards. Conceptual review does not relieve an applicant of the requirement of obtaining all permits otherwise necessary, prior to commencing a proposed project.

(k) Applications for such permits will be processed as expeditiously as possible. In cases where a generic environmental impact statement has been prepared on the overall project as part of conceptual review, any supplemental environmental impact statement that may be required shall deal only with site-specific issues identified by the department as not adequately addressed in the original environmental impact statement. In cases where a hearing has been conducted as part of conceptual review, a further hearing shall be required only:

(1) if the department's post-conceptual review decision specified that a hearing would be held on a specific issue;

(2) if a significant change requiring a hearing is proposed in the project which was originally reviewed;

(3) if relevant significant new information becomes available;

(4) if applicable law or regulations have changed; or

(5) if it becomes apparent that the applicant may be unable to meet the conditions specified in the department's post-conceptual review decision or the requirements for a permit pursuant to section 621.3 or 621.4 of this Part.

(l) The post-conceptual review decision shall remain binding on the department and in effect as long as the proposed project continues to conform to the descriptions contained in the request for a conceptual review subject to the limitations in this Part concerning modifications.

(m) If, following post-conceptual review decision, the applicant proposes that the project be amended or modified, it shall immediately notify the department. The department shall decide whether the proposed changes are significant. If the modification to the project is not significant, an amendment to the post-conceptual review decision may be issued. If the proposed changes are significant, the review process and, if necessary, the hearing process may be reopened to review those modifications.

§621.16 Referenced material.

Referenced documents have been filed with the Department of State. The documents are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 and for inspection and copying at the Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750. Referenced documents can also be found on the department's website at http://www.dec.state.ny.us/website/index.html. In order to provide the most current materials incorporated by reference, this Part refers the applicant to the implementing regulations for each program.

(a) Resource Conservation and Recovery Act; see section 370.1(e) of this Title.

(b) Federal Water Pollution Control Act (Clean Water Act); see sections 750-1.24 and 360-1.3 of this Title.

(c) Federal Water Pollution Control Act, Section 401, Water Quality Certification; see section 608.9(c) of this Title.

(d) Clean Air Act; see sections 200.9 and 360-1.3 of this Title.

§621.17 Severability.

If any provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination does not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.

§621.18 Effective date.

(a) This Part applies to applications received by the department on or after the effective date of this regulation.

§621.19 Permit Administrators.

Chief Permit Administrator
NYS Department of Environmental Conservation
Division of Environmental Permits
625 Broadway, Albany, NY 12233-1750
Telephone (518) 402-9167
Web Address http://www.dec.ny.gov/

Regional Permit Administrators
Region Counties Regional Permit Administrator Addresses
0 Central Office Chief Permit Administrator
NYS Department of Environmental Conservation
Division of Environmental Permits
4th Floor
625 Broadway
Albany, NY 12233-1750
Telephone (518) 402-9167 FAX: (518) 402-9168
1 Nassau and Suffolk NYS Department of Environmental Conservation
Division of Environmental Permits
SUNY Campus
Loop Road, Building 40
Stony Brook, NY 11790-2356
Telephone (631) 444-0365 FAX: (631) 444-0360
2 Bronx, Kings, New York,
Queens and Richmond
(New York City)
NYS Department of Environmental Conservation
Division of Environmental Permits
One Hunters Point Plaza
47-40 21st Street
Long Island City, NY 11101-5407
Telephone (718) 482-4997 FAX: (718) 482-4975
3 Dutchess, Orange, Putnam,
Rockland, Sullivan, Ulster
and Westchester
NYS Department of Environmental Conservation
Division of Environmental Permits
21 South Putt Corners Road
New Paltz, NY 12561-1620
Telephone (845) 256-3054 FAX: (845) 255-3042
4 Albany, Columbia, Greene,
Montgomery, Rensselaer,
and Schenectady
NYS Department of Environmental Conservation
Division of Environmental Permits
1150 North Wescott Road
Schenectady, NY 12306-2014
Telephone (518) 357-2069 FAX: (518) 357-2460
4
(sub-office)
Delaware, Otsego, and
Schoharie
NYS Department of Environmental Conservation
Division of Environmental Permits
65561 State Highway 10, Suite 1
Stamford, NY 12167-9503
Telephone (607) 652-7741 FAX: (607) 652-2342
5 Clinton, Essex, Franklin,
and Hamilton
NYS Department of Environmental Conservation
Division of Environmental Permits
Route 86, PO Box 296
Ray Brook, NY 12977-0296
Telephone (518) 897-1234 FAX: (518) 897-1394
5
(sub-office)
Fulton, Saratoga, Warren,
and Washington
NYS Department of Environmental Conservation
Division of Environmental Permits
232 Golf Course Road
Warrensburg, NY 12885-0220
Telephone (518) 623-1281 FAX: (518) 623-3603
6 Jefferson, Lewis,
and St. Lawrence
NYS Department of Environmental Conservation
Division of Environmental Permits
State Office Building
317 Washington Street
Watertown, NY 13601-3787
Telephone (315) 785-2245 FAX: (315) 785-2242
6
(sub-office)
Herkimer and Oneida NYS Department of Environmental Conservation
Division of Environmental Permits
State Office Building
207 Genesee Street
Utica, NY 13501-2885
Telephone (315) 793-2555 FAX: (315) 793-2748
7 Cayuga, Madison,
Onondaga and Oswego
NYS Department of Environmental Conservation
Division of Environmental Permits
615 Erie Boulevard West
Syracuse, NY 13204-2400
Telephone (315) 426-7438 FAX: (315) 426-7425
7
(sub-office)
Broome, Chenango,
Cortland, Tioga,
and Tompkins
NYS Department of Environmental Conservation
Division of Environmental Permits
1285 Fisher Avenue
Cortland, NY 13045-1090
Telephone (607) 753-3095 FAX: (607) 753-8532
8 Chemung, Genesee,
Livingston, Monroe,
Ontario, Orleans, Schuyler,
Seneca, Steuben, Wayne,
and Yates
NYS Department of Environmental Conservation
Division of Environmental Permits
6274 East Avon-Lima Road
Avon, NY 14414-9519
Telephone (585) 226-2466 FAX: (585) 226-2830
9 Erie, Niagara and Wyoming NYS Department of Environmental Conservation
Division of Environmental Permits
270 Michigan Avenue
Buffalo, NY 14203-2999
Telephone (716) 851-7165 FAX: (716) 851-7168
9
(sub-office)
Allegany, Cattaraugus,
and Chautauqua
NYS Department of Environmental Conservation
Division of Environmental Permits
Suite 3
182 East Union Street
Allegany, N.Y. 14706-1328
Telephone (716) 372-0645 FAX: (716) 372-2113