N.Y. Comp. Codes R. & Regs. tit. 6 § 621.3

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

Section 621.3 - General requirements for applications

Following are general requirements for applications for permits covered by this Part. Additional requirements are provided in section 621.4 of this Part. Copies of forms, regulations and guidelines referred to in this Part are available from the department's regional permit administrators at the locations listed in section 621.19 of this Part and on the department's website.

(a) General requirements for complete application. To be determined complete for the purpose of commencing department review, the application must meet the requirements in section 621.4 of this Part and the following requirements:

(1) The application must include the following items:

(i) properly completed department application form(s);

(ii) a map with the location of the project clearly identified;

(iii) for projects involving construction, plans or drawings with sufficient detail to show:

(a) the existing and proposed conditions, including the locations of all existing and proposed structures, including any new or modified utilities;

(b) the limits of all site disturbance and grading;

(c) locations of property lines;

(d) the date and name of the preparer;

(e) locations of temporary work areas and equipment access;

(f) locations and types of measures that will be used to control pollution (e.g., erosion control); and

(g) all information that may be required on plans or drawings in specific program implementing regulations.

(iv) for projects involving operation of a facility regulated under this Part, all operational manuals, plans, and engineering documents necessary to describe the full scope of regulated activities and the environmental controls necessary to meet the relevant pollution control limits, including any information that may be required in specific program implementing regulations;

(v) Engineers certifying documents must be licensed in New York State.

(vi) Landowner permission for DEC staff to access the project or facility site for purposes described in subdivision 621.6(b) of this Part.

(vii) Any additional supporting documentation or supplemental information required by the specific program implementing regulations and this Part.

(2) The department may ask for information from the applicant to determine who may be a legally responsible party for compliance with the permit, the ECL, other applicable laws administered by the department, for remediation of environmental degradation, and to determine the appropriate financial security which may be required. Any false written statements knowingly made are punishable pursuant to Penal Law, section 210.45.

(3) The department may require the applicant to submit and carry out a public participation plan that would include the applicant conducting public participation meetings before an application is determined or deemed to be complete This is in addition to any public notice or hearing that may otherwise be required under this part. The public participation plan is intended to enhance community awareness of the project. It may include various means of communication with the affected public through different media, and local outreach actions, including distributing project information in the community, and conducting public project information meetings in appropriate languages.

(4) When a project requires multiple department permits, all applications must be submitted simultaneously or the applicant must demonstrate to the department's satisfaction that there is good cause not to do so.

(5) When an applicant seeks a variance from permit standards or prohibitions that are specified in a program's regulations, the application must include a specific request, supporting information and justification for the variance as required by the program's regulations.

(6) When a project requires permits or approvals from another state agency or a local government, the application must list those permits or approvals and give the status of each application and its review under SEQR.

(7) If a project is subject to article 8 of the ECL (SEQR), the department must satisfy the requirements of Part 617 of this Title. A complete application must include a completed environmental assessment form and,

(i) when a lead agency has been established pursuant to article 8 of the ECL, either

(a) a negative declaration, or conditioned negative declaration that has been filed pursuant to article 8 of the ECL; or

(b) a draft environmental impact statement (DEIS) that has been accepted by the lead agency for public review;

(ii) where the department is the lead agency, or is the only involved agency, and has required a DEIS, a determination by the department that the DEIS is acceptable for public review; or

(iii) for projects where uncoordinated review occurs, a negative declaration is issued by the department.

(8) When an action requires a determination by the Office of Parks, Recreation and Historic Preservation pursuant to section 14.09 of the Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980), the application is not complete until the Office of Parks, Recreation and Historic Preservation has made a determination whether:

(i) any historic, architectural, archeological, or cultural resources present in the project impact area are significant (listed on or eligible for listing on the State or National Register of Historic Places); and

(ii) the project may have any impacts on such significant resources.

(9) If a project is a Type I or Unlisted action pursuant to SEQR and is located in a coastal area designated according to article 42 of the Executive Law and 19 NYCRR Part 600, the application is not complete until sufficient information has been provided to enable the department to complete a coastal assessment form as prescribed by the Secretary of State.

(10) A project located within the Adirondack Park requiring a department permit may also require permits from the Adirondack Park Agency, or the New York State Department of Health, or both. In such a case, the application for a department permit is not complete until the applicant has submitted complete applications to all agencies for all required permits, and SEQR requirements of all other agencies are fulfilled, or until the applicant demonstrates good cause not to do so.

(11) The Climate Leadership and Community Protection Act (CLCPA) requires the department to consider whether its permitting decisions subject to this Part are inconsistent with, or will interfere with, the attainment of the statewide greenhouse gas (GHG) emission limits established in Article 75 of the ECL and reflected in Part 496 of this Title. Therefore, where applicable, the applicant must provide information to explain whether the project will be inconsistent with, or will interfere with, the attainment of statewide GHG emission limits. An application is incomplete until such information is provided to the department.

(12) The Community Risk and Resiliency Act (CRRA) requires that applicants for major permits subject to this Part, where applicable, demonstrate that future physical climate risk has been considered. An application is incomplete until the required demonstration is provided to the department.

(13) The Environmental Justice Act of 2019 and CLCPA require the department to consider environmental justice concerns in permitting decisions subject to this Part and provide enhanced public participation opportunities. Therefore, where applicable, an application is incomplete until the following information is provided to the department:

(i) an enhanced public participation plan; and

(ii) additional information deemed necessary by the department to evaluate and, where necessary, mitigate environmental impacts on the identified environmental justice area(s) or disadvantaged communities.

(14) For further information concerning completeness, see section 621.6 of this Part; and for further completeness criteria for specific permits covered by this Part, see section 621.4 of this Part.

(15) An application is incomplete until the applicant, and the property owner if different than the applicant, consents to provide the department access for inspection of the project site or facility. Such inspections may be necessary for review-related reasons, including to confirm environmental conditions, assess potential effects, and determine whether the project satisfies permitting standards.

(b) Minor Projects.

(1) The department has identified certain activities as minor, as listed in section 621.4 of this Part. Minor projects usually have an insignificant environmental impact. However, it is necessary to regulate such activities due to the potential for abuse of natural resources, the necessity for monitoring related activities, and the possible cumulative effect of minor actions which individually are environmentally insignificant.

(2) Minor projects are not normally subject to the public notice requirements of section 621.7 of this Part and may be processed faster than major projects as explained in section 621.10 of this Part.

(3) If the department determines that a minor project requires public notice, may have a significant impact on the environment under SEQR or requires a public comment hearing, the project will thereafter be processed as a major project for purposes of this Part.

(4) When a project involves simultaneous permit application for both major and minor activities, all are processed as major for purposes of this Part.

(5) When a project involves simultaneous permit applications for multiple activities, all of which are minor, all are processed as minor for purposes of this Part unless it is determined that the project may have a significant impact under SEQR, requires public notice, or a public comment hearing pursuant to paragraph (3) of this subdivision.

(c) Where a project involves permits both subject and not subject to this Part, the department reserves the right to process all such applications pursuant to this Part.

(d) Joint proceedings. In some instances, government agencies other than the department may have concurrent jurisdiction over an application for a permit under this Part. The commissioner may enter into agreements with such agencies for joint processing of the application, including provision for joint notices and hearings. The department may require the applicant to provide a copy of the permit application directly to another government agency to facilitate joint processing.

(e) The department may suspend review of an application when an enforcement proceeding or action is formally commenced against an applicant for alleged violations of a provision of the ECL, regulation or permit, or any environmental law administered by the department. The alleged violations must be related to the activity for which the permit is sought or to other provisions of law administered by the department and have occurred at the facility or site that is the subject of the application or at a site owned or controlled by the applicant.

(1) The applicant must be informed of the suspension in writing and provided with a copy of the complaint.

(2) The application may be suspended until the enforcement action has been resolved through an order on consent, Commissioner's or judicial order and any necessary compliance obligations are fulfilled to the department's satisfaction.

(3) No such suspension releases the department from the requirement to make a final decision on title V facility permit applications within 18 months of the date that the application was complete pursuant to title V of the CAA (see section 200.9 of this Title) and this Part.

(f) Where the department determines an application is submitted for a project already completed without the required permits, the department may summarily dismiss the application without further review or procedures under this Part and, at its option, refer the matter for enforcement proceedings, which may be undertaken at the discretion of the department.

(g) Time frames and due dates in this Part are calculated in accordance with the General Construction Law, article 2, section 20. Unless indicated otherwise in this Part, days are calculated as calendar days.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.3

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