N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-12.1
Current through Register Vol. 46, No. 53, December 31, 2024
Section 1100-12.1 - Enforcement(a) The NYSDPS or PSC shall have the authority to monitor, administer and enforce compliance with all terms and conditions set forth in an Office-issued siting permit, including but not limited to, the authority set forth in sections 25, 26 and 68 of the Public Service Law and implementing regulations.(b) Staff from the ORES and the NYSDPS shall have the authority -- in the absence of responsible permittee supervisory personnel, or in the presence of such personnel who, after consultation with ORES or NYSDPS staff, refuses to take appropriate action -- to issue a stop work order and direct the field crews to stop the specific potentially harmful activity immediately, in the event of any emergency resulting from the specific construction or maintenance activities that violate, or may violate, the terms of a siting permit issued by the Office, compliance filings submitted pursuant to Subpart of 1100-10 of this Part, or any other supplemental filings. Any stop work order shall be limited to the activity at issue and/or the affected areas of the facility.(c) If responsible permittee personnel are not on site, ORES and/or NYSDPS staff shall immediately thereafter inform the permittee's construction supervisor(s) and/or environmental monitor(s) of the action taken.(d) A stop work order shall expire twenty-four (24) hours after issuance, or earlier if the issue promoting the stop work order is resolved, unless confirmed by the Executive Director of the Office or the Commissioner of the PSC. ORES and/or NYSDPS staff shall give the permittee notice by electronic mail of any application to have a stop work order so confirmed. If a stop work order is confirmed, the permittee may seek reconsideration from the Executive Director of the Office or the Commissioner of the PSC.(e) If the emergency prompting the issuance of a stop work order is resolved to the satisfaction of the Office or the NYSDPS, the stop work order shall be lifted. If the emergency has not been satisfactorily resolved, the stop work order shall remain in effect.(f) Stop work authority shall be exercised sparingly and with due regard to potential environmental impact, economic costs involved, possible impact on construction activities, and whether an applicable statute or regulation is violated. Before exercising such authority, ORES and/or NYSDPS staff shall consult wherever practicable with the permittee's representative(s) possessing comparable authority. Within reasonable time constraints, all attempts will be made to address any issue and resolve any dispute in the field.(g) Issuance of a stop work order shall not prevent the permittee nor the contractor from undertaking any safety-related activities as they deem necessary and appropriate under the circumstances.(h) If ORES and/or NYSDPS staff determines that a significant threat exists such that protection of the public or the environment at a particular location requires the immediate implementation of specific measures, the respective staff may, in the absence of responsible permittee supervisory personnel, or in the presence of such personnel who refuse to take appropriate action, direct the permittee or the relevant contractors to implement the corrective measures identified in the approved siting permit or compliance filings. All such directives shall follow the protocol established for communication between parties as set forth in the approved Facility Communications Plan submitted pursuant to section 1100- 10.2(e)(5) of this Part. The field crews shall immediately comply with ORES and/or NYSDPS staff directives as provided through the communication protocol. ORES and/or NYSDPS staff shall immediately thereafter inform the permittee's construction manager(s) and/or environmental monitor(s) of the action taken.N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-12.1
Transferred from 900-12.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024