N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.11

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

Section 85-2.11 - Participation and intervention

(a) The parties to a certification proceeding shall include the applicant and such of the following as make timely application for participation:

(1) the Department of Environmental Conservation;

(2) the Department of Economic Development;

(3) the Department of State;

(4) the Department of Agriculture and Markets;

(5) the Office of Parks, Recreation and Historic Preservation;

(6) where any portion of the facility or of any alternative is to be located within its jurisdiction, the Tug Hill Commission;

(7) where any portion of the facility or of any alternative, is to be located within the Adirondack Park, as defined in section 9-0101 (1) of the Environmental Conservation Law, the Adirondack Park Agency;

(8) the Department of Transportation;

(9) any municipality entitled to receive notice under section 85-2.10(a)(1) of this Subpart;

(10) any individual resident in a municipality entitled to receive notice under section 85-2.10(a)(1) of this Subpart; and

(11) any domestic nonprofit corporation or association, formed in whole or in part:

(i) to promote conservation or natural beauty;

(ii) to protect the environment, personal health or other biological values;

(iii) to preserve historic sites;

(iv) to promote consumer interests;

(v) to represent the interests of commercial and industrial groups; or

(vi) to promote the orderly development of the areas in which the facility is proposed to be located.

(b)

(1) A person or organization listed in paragraphs (a)(1)-(8) of this section may participate in a certification proceeding by filing with the secretary a notice of intent to be a party at least five days prior to the date of the first scheduled hearing in the proceeding.

(2) A person or organization listed in paragraphs (a)(9)-(11) of this section may participate in a certification proceeding by filing with the secretary a notice of intent to be a party within 30 days after the date given in the published notice as the date for filing of the application.

(c)

(1) In its notice of intent to be a party, a person or organization listed in subdivision (a) of this section should state its name, address, telephone number, telecopier machine number, e- mail address, the name of its attorney or qualified representative upon whom service should be made, and the basis upon which it claims to be a party.

(2) Requests for permission to intervene in a certification proceeding made by persons or organizations not listed in subdivision (a) of this section should contain the information specified in paragraph (1) of this subdivision, as well as an explanation of how such intervention would be likely to contribute to the development of a complete record or why it would otherwise be fair and in the public interest. Such requests shall be governed by the provisions of section 4.3(c) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.11