N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.94

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

Section 5-1.94 - Notice and opportunity for public hearing

(a) Before a variance proposed to be granted by the department under section 5-1.90 or 5-1.91 of this Subpart may take effect, the department shall provide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice.

(b) Before a compliance or implementation schedule prescribed by the department pursuant to the granting of a variance under section 5-1.90 of this Subpart or an exemption under section 5-1.92 of this Subpart may take effect, the department shall provide notice and opportunity for public hearing on the proposed compliance or implementation schedule, or both. A notice given pursuant to the preceding sentence may cover the proposal of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice.

(c) Public notice of an opportunity for hearing pursuant to subdivision (a) or (b) of this section shall be circulated in a manner designated to inform potentially interested persons of the proposed action. Requests for hearing shall be submitted to the department within 30 days after issuance of such public notice.

(d) Notice of public hearings to be held pursuant to a request submitted by an interested person or on the department's own motion shall be given not less than 15 days before the time scheduled for the hearing, in a form and manner to be prescribed by the department. Notices of public hearing shall be circulated in a manner designated to inform interested persons of the hearing.

(e) If no timely request for hearing is submitted and the department does not determine to hold a public hearing on his own motion, the proposed variance or schedule prescribed pursuant to the granting of a variance or exemption shall become effective 30 days after notice of opportunity for hearing is given pursuant to subdivision (c) of this section. If a public hearing is held, the department shall take an action with respect to such proposed variance or schedule within 30 days after the end of the public hearing.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.94

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018