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New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter IV - QUALITY SERVICESSubchapter C - RADIATIONPart 380 - Prevent and Control of Environmental Pollution by Radioactive Materials
Subpart 380-1 - General Provisions
Section 380-1.5 - Transition

N.Y. Comp. Codes R. & Regs. tit. 6 § 380-1.5

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Current through Register Vol. 46, No. 25, June 18, 2024
Section 380-1.5 - Transition

The following constitute the transition rules for this Part.

(a) Existing permits.
(1) This subdivision applies to permittees having a permit in effect on the day before the effective date of this Part.
(2) Each permit is hereby continued until the expiration date of the permit. The permittee must comply with the conditions of the permit, except as they may be modified by the Department pursuant to Part 621 of this Title, until the permit expires, is discontinued, or is modified pursuant to Part 621 of this Title.
(3) Except as otherwise provided by this Part, the permittee must comply with all provisions of this Part beginning on the effective date of this Part or of any amendment to this Part.
(b) Persons currently in violation.

Persons operating in violation of this Part on the day before the effective date of this Part or of any amendment to the Part are subject to the requirements of this Part as of such effective date. Each enforcement action pending on the day before such effective date of this Part is hereby continued, and the standards for compliance are those contained in this Part.

(c) Persons currently not in violation.
(1) This subdivision applies to persons who first become subject to the permit requirements of section 380-3.1 of this Part due to amendment of this Part.
(2) No later than six months after the effective date of this subdivision, the person for whom a permit was not required on the day before such effective date must submit to the Department a complete permit application pursuant to section 380-3.2 of this Part.
(3) Upon receipt of a notice of complete application from the Department, the applicant will be authorized to continue activities regulated pursuant to this Part pending a final determination of the Department on the pending application. This authorization may cease if, subsequent to the completeness determination, the applicant fails to submit, by a reasonable deadline specified in writing by the Department, any additional information requested by the Department as necessary to review and act on the application.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 380-1.5

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 5/10/2018