N.Y. Comp. Codes R. & Regs. tit. 6 § 621.12

Current through Register Vol. 46, No. 24, June 12, 2024

Section 621.12 - Emergency authorizations

For projects carried out in response to an emergency, the following procedures shall apply:

(a) All procedural requirements of this Part related to application processing are waived, except as provided in this section.

(b) Before any emergency action or project can start, the department must be notified, as specified in subdivision (d) of this section and must determine whether to deny or grant approval pursuant to subdivision (e) of this section.

(c) If a state agency or local government or a public benefit corporation must take immediate action to address an emergency and notifying the department is not possible, the agency, local government or public benefit corporation may start work and then notify the department within 24 hours after starting work. The department must respond pursuant to subdivision (f) of this section.

(d) Notification to the department under subdivision (b) or (c) of this section, must be mailed (which includes electronic means) to the regional permit administrator as listed in section 621.19 of this Part. The notification must include the following information:

(1) a description of the emergency action, including the time needed to carry it out;

(2) a location map and plan drawing of the emergency action;

(3) the reasons why the situation is an emergency, as defined in this Part, based on the immediate protection of life, health, general welfare, property, or natural resources;

(4) all steps that will be taken to minimize environmental impacts; and

(5) any additional information the department requests to support a finding of emergency.

(e) Before issuing an emergency authorization, the department must do the following:

(1) make a finding of emergency stating that the action is an emergency as defined in section 621.2(j) of this Part, why immediate action is needed and the consequences to life, health, general welfare, property or natural resources if the action is not immediately taken; and

(2) determine from the available information that the proposed action will cause the least change, modification or adverse impact to life, health, property, or natural resources. The department may attach conditions to emergency authorizations and enforce them to assure compliance with the authorization and other regulatory standards that would normally apply to such actions absent an emergency.

(f) The department must issue a decision granting or denying the emergency authorization within two business days of receipt of the information in subdivision (d) of this section. Authorization must be in the form of a letter or permit and must be mailed or sent electronically to the applicant.

(1) The emergency authorization must contain the department's finding of emergency as required under (e)(1) of this section.

(2) A denial of emergency authorization must explain why the department has determined the activity does not constitute an emergency, or why the proposed action would fail to cause the least change, modification, or adverse impact to life, health, property or natural resources.

(g) An emergency authorization may be issued for a term not to exceed 30 days. The applicant may request an extension of the emergency authorization. The extension request must explain why the situation continues to be an emergency as defined in this Part; what action has been completed, and what work remains to be done and how long it will take to complete. The department may renew the emergency authorization for one term for no more than 30 days. A denial of an extension must explain why the department believes that the authorized action is no longer immediately necessary to protect life, health, property, or natural resources.

(h) All activity allowed under an emergency authorization must stop on or before 60 days after the date of the department's initial authorization. If the permittee has submitted applications for all department permits required for the activity and the department has determined that the applications are complete, the permittee may continue working under the emergency authorization until the department has issued or denied the permits.

(i) The department may issue an order summarily suspending:

(1) an action begun before the grant of an emergency authorization, if the department finds that no emergency exists;

(2) an emergency authorization, if the department finds that an action is no longer immediately necessary to protect life, health, property, or natural resources; or

(3) an emergency authorization, if the permit applied for as described in subdivision (h) of this section is denied.

Such action must cease immediately upon receipt of the order by the responsible party.

(j) A person who violates any provision of this section or any term or condition of an emergency authorization may be ordered by the department to perform any work the department determines is necessary to restore damage done by the violation. If the person fails to undertake the work ordered, or fails to perform it to the department's satisfaction, the department or its agent may enter upon the lands or waters where the action occurred and perform work necessary to mitigate or eliminate environmental damage caused by the action. If the department undertakes or causes to be undertaken remedial action , the full cost for the work will be charged to and be the responsibility of the person who violated the provisions of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.12

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

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023