N.Y. Comp. Codes R. & Regs. tit. 6 § 373-1.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 373-1.10 - Expanded public participation

(a)Pre-application public meeting and notice.

(1) Applicability. The requirements of this subdivision shall apply to all Part 373 permit applications seeking initial permits for hazardous waste management units. The requirements of this subdivision shall also apply to Part 373 permit applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this subdivision, a significant change is any change that would qualify as a major permit modification under section 373-1.7(d) of this Subpart or would substantially alter the facility or its operation. The requirements of this subdivision do not apply to permit modifications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility, or to applications that are submitted for the sole purpose of conducting post- closure activities or post-closure activities and corrective action at a facility.

(2) [Reserved].

(3) Prior to the submission of a Part 373 permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

(4) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (3) of this subdivision, and copies of any written comments or materials submitted at the meeting, to the department as a part of the Part 373 application, in accordance with section 373-1.5(a)(2) of this Subpart.

(5) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain and provide to the department upon request, documentation of the notice.

(i) The applicant shall provide public notice in all of the following forms:

(a) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subparagraph (ii) of this paragraph, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the commissioner shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

(b) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subparagraph (ii) of this paragraph. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

(c) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subparagraph (ii) of this paragraph, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the commissioner.

(d) A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of local government, in accordance with section 621.7 of this Title.

(ii) The notices required under subparagraph (i) of this paragraph must include:

(a) the date, time, and location of the meeting;

(b) a brief description of the purpose of the meeting;

(c) a brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

(d) a statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and

(e) the name, address, and telephone number of a contact person for the applicant.

(b)Public notice requirements at the application stage.

(2) Notification at application submittal.

(i) The commissioner shall provide public notice as set forth in section 621.7 of this Title, and notice to appropriate units of local government as set forth in section 621.7 of this Title, that a Part 373 permit application has been submitted to the department and is available for review.

(ii) The notice shall be published within a reasonable period of time after the application is received by the commissioner. The notice must include:

(a) the name and telephone number of the applicant's contact person;

(b) the name and telephone number of the permitting agency's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

(c) an address to which people can write in order to be put on the facility mailing list;

(d) the location where copies of the permit application and any supporting documents can be viewed and copied;

(e) a brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and

(f) the date that the application was submitted.

(3) Concurrent with the notice required under paragraph (2) of this subdivision, the commissioner must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department's office.

(c)Information repository.

(1) Applicability. The requirements of this subdivision apply to all applications seeking Part 373 permits for hazardous waste management units.

(2) The commissioner may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the commissioner shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the commissioner determines, at any time after submittal of a permit application, that there is a need for a repository, then the commissioner shall notify the facility that it must establish and maintain an information repository. (See section 373-1.6[a][13] of this Subpart for similar provisions relating to the information repository during the life of a permit.)

(3) The information repository shall contain all documents, reports, data, and information deemed necessary by the commissioner to fulfill the purposes for which the repository is established. The commissioner shall have the discretion to limit the contents of the repository.

(4) The information repository shall be located and maintained at a site chosen by the facility. If the commissioner finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the commissioner shall specify a more appropriate site.

(5) The commissioner shall specify requirements for informing the public about the information repository. At a minimum, the commissioner shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(6) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the commissioner. The commissioner may close the repository at his or her discretion, based on the factors in paragraph (2) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 373-1.10

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff.4/18/2020