N.Y. Comp. Codes R. & Regs. tit. 6 § 645-5.10

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

Section 645-5.10 - Permit modifications, suspensions or revocations

(a) Permits may be modified, suspended or revoked at any time by the commission, either at the request of any interested party or upon the commission's initiative, for any of the grounds set forth in paragraphs (1)-(5) of this subdivision. All such requests must be in writing and must contain facts or reasons supporting the request. If the commission decides the request is not justified, it will send the person initiating the request a brief written response giving the reason(s) for the decision. Denials of requests for modification suspension or revocation are not subject to public notice, comment or hearings. The grounds for modification, suspension or revocation are:

(1) materially false or inaccurate statements in the application or supporting papers;

(2) failure by the permittee to comply with any terms or conditions of the permit;

(3) exceeding the scope of the project as described in the application;

(4) newly discovered information or significant physical changes since the permit was issued; or

(5) noncompliance with any provisions of ECL, articles 43 and 71, title 33, or rules or regulations promulgated thereunder, or any permits, certificates or orders issued by the commission directly related to the permitted activity.

(b) The commission shall give notice of intent to modify, suspend or revoke a permit to the permittee by certified mail, return receipt requested, or by personal service. The notice shall state the alleged facts of conduct which appear to warrant the intended action.

(c) Within 10 calendar days of receiving a notice of intent, the permittee may submit a written statement to the commission, giving reasons why the permit should not be modified, suspended or revoked, or requesting a hearing, or both. The failure by the permittee to timely submit a statement or to request a hearing, or both, shall result in the commission action becoming effective on the date specified in the notice of intent.

(d) At the next regular meeting of the commission following receipt of the permittee's statement or request for a hearing, the commission shall either:

(1) if only a statement is submitted, rescind or confirm the notice of intent based on the information provided by the permittee; or

(2) if a hearing has been requested, or if the commission determines that a hearing is warranted, notify the permittee of a date and place for a hearing.

(e) In the event such a hearing is held, the commission shall issue a decision which:

(1) continues the permit in effect as originally issued;

(2) modifies the permit;

(3) suspends the permit for a stated period of time or upon stated conditions; or

(4) revokes the permit, including, where ordered by the commission, the removal or modification of all or any portion of a project, whether completed or not.

(f) Notice of such decision, stating the findings and reasons therefor, shall be mailed to the permittee, certified mail, return receipt requested.

(g) Nothing in this Part shall preclude or affect the commission's authority to issue summary abatement orders under section 71-0301 of the ECL, or to take emergency actions summarily suspending a permit under subdivision 3 of section 401 of the State Administrative Procedure Act.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 645-5.10