N.Y. Comp. Codes R. & Regs. tit. 6 § 621.2

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

Section 621.2 - Definitions

(a)Adjudicatory proceeding means a proceeding conducted pursuant to ECL section 70-0119 and Article 3 of the State Administrative Procedure Act and Part 624 of this Title. The adjudicatory proceeding is presided over by an administrative law judge and may include public comment hearings, issues conferences, and evidentiary hearings held pursuant to Part 624 of this Title to determine the legal rights, duties or privileges of the named parties and potential parties on a record and after an opportunity for a hearing.

(b)Administrative law judge or ALJ means the commissioner's representative who conducts department proceedings under this Part and Part 624 of this Title. Typically, the ALJ is an employee of the department within the Office of Hearings and Mediation Services.

(c)Administrative SPDES Permit Renewal means the renewal of an existing State Pollutant Discharge Elimination System (SPDES) permit, for a new permit term, utilizing abbreviated application and review procedures that defer full technical review of permit provisions based on priority ranking described in section 750-1.19 of this Title.

(d)Applicant means a person, as defined in subdivision (z) of this section, filing appropriate applications and supporting materials for the purpose of obtaining a permit from the department. Eligible applicants are owners, lessees, and operators at a project site or facility.

(e)Chief permit administrator means an employee of the department located in the main office of the department and designated to act on the commissioner's behalf in carrying out this Part.

(f)Commissioner means the commissioner of environmental conservation, or any employee of the department designated to act on the commissioner's behalf in carrying out this Part.

(g)Complete application means an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application, but which may need to be supplemented during the course of review to enable the department to make the findings and determinations required by law.

(h)Day or days means calendar days, as defined in section 19 of the General Construction Law, unless otherwise specified in this Part.

(i)Delegated permit means a permit issued by the department for which a comparable permit may be required by Federal law. Delegated permits include those for which the department has been delegated the authority to make permit decisions on or for which the state's regulatory program has been approved by the United States Environmental Protection Agency pursuant to federal law. For the purposes of this Part the term delegated applies to permits issued by the department for the following programs:

(1) Resource Conservation and Recovery Act (RCRA) of 1976, 42 United States Code 6901 et seq., (see section 370.1(e) of this Title), for any hazardous waste management facilities (HWMF) or remedial action plans (RAP) under ECL article 27, title 9 except those limited to the disposal of waste containing polychlorinated biphenyls (PCB) only;

(2) Clean Water Act (CWA) amendments, 33 United States Code 1251 et seq., 1987 (see section 750-1.25 of this Title) for State pollutant discharge elimination systems (SPDES) involving discharge to surface waters of the State, see Part 750 of this Title, under ECL article 17, title 8; and

(3) Clean Air Act (CAA) amendments, 42 United States Code 7401 et seq., (see section 200.9 of this Title) for any air pollution control source under ECL article 19 subject to any of the following Federal requirements:

(i) New Source Review Part 231 of this Title;

(ii) Title V Facility Permits; or

(iii) Title IV Facility Permits.

(j)Department means the New York State Department of Environmental Conservation, or a local agency to which the department has delegated permitting or review authority.

(k)ECL means Chapter 43 - B of the Consolidated Laws of the State of New York entitled Environmental Conservation Law.

(l)Emergency means a natural, accidental, or intentional human-caused event or circumstance which presents an immediate threat to life, health, property, general welfare or natural resources.

(m)ENB or Environmental Notice Bulletin means the department's electronic publication containing notices of complete applications, and other public notices required by applicable law or at the department's discretion published pursuant to section 3-0306 of the ECL, and available on the department's internet web site.

(n)EPA means the United States Environmental Protection Agency.

(o) Facility has the meaning given it in this Part's permit programs (listed in section 621.1 ). If there is no program-specific definition, facility means the location, including all structures and appurtenances, where a department-regulated activity occurs or is proposed to occur.

(p)Joint Application for permit means an application form used by applicants to apply for permits issued by the department , the New York State Office of General Services, the Adirondack Park Agency, the Lake George Park Commission, the United States Army Corps of Engineers, and any other state or Federal agency as agreed to by the department.

(q)Legally Responsible Party under Part 621 means a permittee legally accountable for undertaking a permitted action in accordance with the provisions and conditions of a permit, or an applicant legally accountable for the content of an application.

(r)Local government means a village, town, city, or county.

(s)Mail or Mailing means transmittal of documents by United States Postal Service, private courier service, or electronic means. Where the use of certified mail is specified in the Part, it shall mean the use of certified mail by the United States Postal Service or receipted delivery by private courier service.

(t)Major project means an action requiring a permit under this Part except projects listed or designated as minor in section 621.4 of this Part.

(u)Minor Project means an action listed or designated as minor in section 621.4 of this Part , except for those projects processed as major pursuant to section 621.3(b)(3) of this Part. Minor projects are projects which by their nature and with respect to their location are not likely to have a significant impact on the environment.

(v)Modification means a change to a permit that is currently in force, including permit transfer.

(w)Office of Hearings and Mediation Services or OHMS means the office within the department principally responsible for conducting adjudicatory proceedings and providing mediation services.

(x)Permit means any certificate, license or other form of department approval, modification, renewal, or reissuance, including any permit condition or variance, that is issued in connection with any regulatory program listed in section 621.1 of this Part. The permit identifies the approved activity and contains standards and conditions of performance for the activity. Permit does not mean a registration identified in program regulations listed in 621.1 of this Part.

(y)Permittee means a person authorized to undertake an activity regulated under a department permit. Eligible permittees are owners, lessees, and operators at a project site or facility.

(z)Person means any corporation, limited liability corporation, limited liability partnership, firm, partnership, association, trust, estate, one or more individuals, any other legal entity or any unit of Federal, State or local government or any agency or subdivision thereof, including any State department, bureau, commission, board or other agency, public authority or public benefit corporation.

(aa)Project means any action or activity requiring one or more permits identified in section 621.1 of this Part.

(ab)Public authority or public benefit corporation means a corporation organized to construct or operate a public improvement wholly or partly within the state, the profits from which benefit this or other states, or the people thereof.

(ac)Public comment hearing means a hearing provided by section 621.8 of this Part that provides an opportunity for the public to make unsworn statements, based on facts or belief, for consideration by the department in its review of applications for permits.

(ad)Regional permit administrator means a department employee located in one of the department's nine regional offices and authorized to carry out this Part on the commissioner's behalf.

(ae)Reissuance means a reauthorization of previously approved activities that are not of a continuing nature for a new permit term pursuant to section 621.11 of this Part.

(af)Renewal means department authorization for a new permit term, recertification of a permit for previously approved activities which will be continuing pursuant to a permit type listed in section 621.11(m) of this Part at the same site or facility without material change.

(ag)SEQR means the State Environmental Quality Review Act, article 8 of the Environmental Conservation Law and Parts 617 and 618 of this Title.

(ah)Site has the meaning given in the regulations for the permit programs listed in section 621.1 of this Part. Absent a specific program definition site means the land or water areas where a facility or activity is located or conducted, including adjacent land or water used in connection with the facility or activity.

(ai)Sufficient application for renewal means completed application forms, supplemental information and plans required by specific program regulations for renewing permits, and identification of any material changes in regulated operations or environmental conditions at the permitted facility or site.

(aj)Title V facility permit means a permit issued by the department pursuant to Subpart 201-6 of this Title, for a facility or a defined area source, group, or category of emission units at a facility.

(ak)Transfer means the department's conveyance of an existing permit or pending application from an existing permittee or applicant to a new permittee or applicant.

(al)Variance means relief from specific provisions of permit program implementing regulations and granted by means of a permit modification or new permit. Review of and final decisions on variance requests are subject to the procedures of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.2

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016