N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.7

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

Section 1000.7 - Publication and content of notices

(a) Publication of required notices shall be satisfied by publication both in the newspaper(s) designated for publication of official notices of each municipality in which the proposed or any alternative location site required to be described in the application is located, and in the newspaper of largest circulation in the county(ies) in which the proposed or any such alternative location site is located, except that in the case of an amendment or transfer of a certificate, the appropriate site is that of the authorized facility. If the notice is intended to fulfill notice requirements for permits to be issued by the DEC pursuant to Federal recognition of State authority, or pursuant to federally delegated or approved authority, in accordance with the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9 of article 27, and articles 17 and 19 of the ECL, DEC and the DEC regulations should be consulted for additional requirements.

(b) No less than three days before the date on which an applicant files the application, the applicant shall provide notice to:

(1) all persons residing in each municipality in which any portion of such facility is proposed to be located, and in which any alternative location identified is located, and each other municipality that would (absent PSL article 10) have approval authority with respect to any aspect of the proposed facility, interconnections or related facilities necessary to serve the proposed facility, by the publication of a summary of the application, and the date on or about which it will be filed, in such newspaper or newspapers, including local community and general circulation newspapers, as will serve substantially to inform the public of such application, in plain language, in English and in any other language spoken according to United States census data by 5,000 or more persons residing in any 5-digit ZIP code postal zone in which any portion of such zone is located within the study area for the facility. Notices published in languages other than English shall be published in newspapers, if any are available, serving the appropriate language community;

(2) each member of the State legislature in whose district any portion of the facility is to be located as proposed or in any alternative location listed; and

(3) persons who have filed a statement with the secretary within the past 12 months that they wish to receive all such notices concerning facilities in the area in which the facility is to be located as proposed or in any alternative location listed.

(c) If the presiding examiner determines that any language other than English not captured by paragraph (b)(1) of this section is spoken by a significant population of persons residing in close proximity to the proposed facility, alternative locations, interconnections or related facilities and that notice in such additional languages is warranted under the circumstances, the presiding examiner may require the applicant to publish the notice and summary of the application in such additional languages.

(d) Notices shall be:

(1) in display format; and

(2) in no smaller than 10 point type or, if only smaller type is available, in the largest type that is available.

(e) The notice(s) shall include:

(1) a summary of the application describing the proposed facility, its location, and the range of potential environmental and health impacts of the construction and operation of the facility and of each pollutant that will be emitted or discharged by the facility;

(2) a map(s) at a size and level of detail appropriate to substantially inform the public of the location of the proposed site and any alternative location sites listed as reasonable and available in the application, unless the publishing newspaper determines that inclusion of a map is infeasible;

(3) the date on or about which the application will be filed;

(4) a statement that a copy of the application will be served on the chief executive officer of each municipality in which any portion of a site required to be shown pursuant to paragraph (2) of this subdivision;

(5) a statement that the application, when filed, may be examined during normal business hours at the offices of the DPS in Albany, NY, giving the address thereof, and at specified public locations in the vicinity of the proposed site;

(6) text explaining the application and review process including the funding process for municipal and local parties and the availability of funds for municipal and local parties;

(7) text informing the public how and where persons wishing to receive all notices concerning the proposed facility can file a statement with the secretary to subscribe to receive such notices;

(8) text explaining how to access from the DPS website electronic documents concerning the board's review of the proposed facility;

(9) except where the applicant is a private applicant, a statement that PSL article 10 permits the board to authorize a location for the facility different from the location(s) described in the notice;

(10) the names, addresses, telephone numbers and e-mail addresses of a representative of the applicant and contact information for the public information coordinator and DPS website;

(11) if a water quality certification pursuant to section 401 of the Federal Clean Water Act will be requested from the board as part of the application, a brief explanation of the reasons for such request; and

(12) if a coastal consistency concurrence is required by section 307 of the Federal Coastal Zone Management Act, a brief explanation of the status of the applications for Federal authorization and a DOS consistency determination.

(f) If an alternative to the applicant's proposal that was not listed as reasonable and available in the application is subsequently proposed by any party, the applicant shall give prompt notice of such alternative, unless the presiding examiner rules that such alternative is not reasonable and available or that further notice is unnecessary to substantially inform the public of the location of the proposed alternative. The notice shall include text and a map(s) at a size and level of detail to substantially inform the public of the alternative (unless the publishing newspaper determines that inclusion of a map is infeasible) and the name, address, telephone number and the e-mail address of a representative of the party proposing such alternative from whom further information can be obtained.

(g) At any significant point in the certification process, the presiding examiner may require the applicant to publish a notice, as described in this section, containing appropriate information, such as:

(1) a brief description of the significant events in the certification proceeding that have occurred and those that are expected to occur;

(2) a statement that the record of the proceeding may be examined during normal business hours at the offices of the DPS in Albany, New York, giving the address thereof, and, where the presiding examiner has so required, at specified public locations in the vicinity of the proposed site; and

(3) a statement that any person may file comments for the board's consideration.

(h) The board, secretary or presiding examiner may require an applicant to publish a notice of a public hearing or oral argument in such newspaper(s) and at such times as will serve to inform the general public of that hearing or oral argument.

(i) The applicant shall promptly notify the presiding examiner or the secretary upon discovery of any inadvertent failure of publication or service of a notice or application under this Subchapter. The presiding examiner or the secretary shall take such action as may be necessary to ensure fair treatment of a person aggrieved by such inadvertent failure.

(j) If the presiding examiner determines that any notice required in this section was not sufficient to substantially inform potentially affected persons, the presiding examiner shall specify any additional steps that are necessary.

(k) Prior to the publication of any notice required by the board, the presiding examiner, the secretary, or these regulations, the applicant may submit a copy of its proposed notice to the secretary or to the presiding examiner for approval.

(l) The applicant shall promptly file with the secretary proof of the publication of any required notice.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.7