N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.10

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

Section 375-1.10 - Citizen participation

(a) To facilitate the remedial process and enable citizens to participate more fully in decisions that affect their health, the department will require the provision of opportunities for citizen involvement and will encourage consultation with the public early in that process before the department forms or adopts final positions. The primary goals of the citizen participation program at sites are to facilitate two-way communication between the department and individuals, groups, and organizations that have expressed interest in or are affected by the site or the site's program, in the decisionmaking process associated with the remediation of sites. The department will require that opportunities for public involvement be included in the development and implementation of a remedy.

(b) All remedial programs shall include citizen participation activities which, at a minimum, shall include, but are not limited to, the preparation of a citizen participation plan, establishment of a document repository and public notice with a prescribed comment period at select milestones. Program specific requirements for these and other citizen participation activities are set forth under each of the Subparts of this Part.

(c) The design of any citizen participation plan, including the level of citizen involvement and the tools utilized, shall take into account the scope and scale of the proposed remedial program, local interest and history, and other relevant factors. While retaining flexibility, citizen participation plans shall embody the following principles of meaningful citizen participation:

(1) opportunities for citizen involvement should be provided as early as possible in the decisionmaking process prior to the selection of a preferred course of action by the department and/or the remedial party;

(2) activities proposed in such plan should be as reflective of the diversity of interests and perspective found within the community as possible, allowing the public the opportunity to have their views heard and considered, which may include opportunities for dialogue; and

(3) full, timely, and accessible disclosure and sharing of information by the department shall be provided, including the provision of technical data and the assumptions upon which any analyses are based.

(d) Within 20 days of the effective date of the order, agreement or State assistance contract, the remedial party shall submit a citizen participation plan which shall include the following minimum elements:

(1) a site contact list;

(2) the name and address of a document repository and proof of acceptance of this designation by the repository;

(3) overview of the site's history and contamination issues;

(4) identification of major issues of public concern related to the site and a description of any mitigation planned to address the issues, if appropriate;

(5) a description and schedule of the major elements of the site's remedial program;

(6) a description and schedule of citizen participation activities conducted or planned relative to the site; and

(7) a description and schedule of any additional citizen participation activities needed to address public concerns.

(e) All citizen participation plans and fact sheets required by the department will be subject to department review and approval. The citizen participation plan will be updated during the implementation of the remedial program.

(f) Document repository. A document repository shall be established at a location accessible to citizens where they can review the remedial program documents.

(1) Documents shall be placed in the repository, which are:

(i) approved by the department as set forth in section 375-1.6(d) of this Subpart; or

(ii) otherwise designated by the department for inclusion.

(2) The remedial party shall ensure that all appropriate documents are in the repository.

(3) The department may allow an internet repository to be used to satisfy this requirement.

(g) Comment period extensions.

(1) The department shall consider a request to extend a comment period provided such request is received within five days prior to the identified end of the comment period.

(2) The time allotted for extensions shall not be greater than 30 days.

(3) Additional notice is not required upon granting an extension.

(h) Interim remedial measures. For interim remedial measures, the department will not require citizen participation activities unless the scope of the IRM is likely to represent the remedy or a significant portion of the remedy, in which event the department will require a 30-day comment period.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.10