N.Y. Comp. Codes R. & Regs. tit. 6 § 621.13

Current through Register Vol. 46, No. 19, May 8, 2024

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) of this subdivision:

(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) of this subdivision, any of the reasons listed in section 750-1.18(b)(1) through (7) of this Title.

(b) The department may consider requests from any person other than the permittee for modification, suspension or revocation of permits based on reasons given in paragraphs (a)(1) through (6) of this section. 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 requests, pursuant to this subdivision, for modification, suspension or revocation of a permit are not subject to public notice, public comment, or adjudicatory proceeding.

(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 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 in the notice of intent, giving reasons why the permit should not be modified, suspended or revoked, or requesting an adjudicatory proceeding, or both. Failure by the permittee to timely submit a statement will result in the department's action becoming effective on the date specified in the notice of intent. The permittee must also submit a copy of a written request for an adjudicatory proceeding to the chief administrative law judge.

(e) Where the department proposes to modify, suspend, or revoke a permit and the permittee requests an adjudicatory proceeding on the proposed modification or change in permit status, the existing 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 treated 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 days of receipt of the permittee's request pursuant to subdivision (d) of this section, 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 an adjudicatory proceeding is submitted; or

(2) notify the permittee of a date and place for an adjudicatory proceeding, if a statement with a request for an adjudicatory proceeding has been submitted, to be commenced not later than 60 days from the Chief Administrative Law Judge's receipt of the notification, except for a SPDES permit, the adjudicatory proceeding must not commence earlier than 30 days from notification.

(h) In the event an adjudicatory proceeding is held the existing permit remains in effect until the adjudicatory proceeding concludes and the department issues a final decision. The commissioner must, within 30 days of receipt of the complete record, pursuant to paragraph 624.8(a)(5) of this Title, issue a decision which:

(1) continues the existing permit in effect as 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.

(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 15 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.13

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023