N.Y. Comp. Codes R. & Regs. tit. 6 § 621.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 621.8 - Determination to conduct a public comment hearing or adjudicatory proceeding

(a) After a permit application for a major project is complete (see provisions of sections 621.3, 621.4 and 621.6 of this Part), and notice in accordance with section 621.7 of this Part has been provided, the department must evaluate the application and any comments received to determine whether a public comment hearing will be held, whether the department will refer the matter to OHMS for adjudicatory proceedings pursuant to Part 624 of this Title, or that neither is necessary. This must be done within 60 days of the date the application is complete. The department must notify, by mail, the applicant and persons who have filed comments on the application of the department's determination to hold a public comment hearing or refer the matter to OHMS for adjudicatory proceedings. A hearing may either be a public comment hearing pursuant to this Part or an adjudicatory proceeding pursuant to Part 624 of this Title. The Uniform Procedures time frames are suspended as of the date the department notifies the applicant of its decision to hold either a public comment hearing pursuant to this Part or an adjudicatory proceeding pursuant to Part 624 of this Title. In the case of a decision to hold an adjudicatory proceeding, the time frames of Part 624 of this Title apply. Where timeframes under this Part are suspended for a public comment hearing held pursuant to this Part, the uniform procedures time frames to determine if the department will refer the matter to OHMS for adjudicatory proceedings and for final decision shall resume upon staff's receipt of the complete public hearing record.

(b) The determination to refer a matter to OHMS for adjudicatory proceedings pursuant to Part 624 of this Title shall be based on whether the department's review of the application materials or comments identifies substantive and significant issues relating to any findings or determinations the department is required to make pursuant to the Environmental Conservation Law. This includes the reasonable likelihood that the permit application will be denied or can be granted only if significant changes are made to the project because the project, as proposed, fails to meet statutory or regulatory criteria or standards. In addition, where any comments received from members of the public or other interested parties raise substantive and significant issues relating to the application, and resolution of any such issue may result in denial of the permit application, or the imposition of significant conditions thereon, the department must refer the matter to OHMS for an adjudicatory proceeding on the application.

(c) When there is no referral to OHMS for an adjudicatory proceeding, the department has the discretion to hold a public comment hearing based on the following:

(1) if a significant degree of public interest exists, as determined by the department;

(2) to fulfill the requirements of Section 617.9(a)(4) of this Title; or

(3) for HWMF permits or RAPs, if notification of opposition to a draft permit or RAP, and a request for a hearing is received during the public comment period.

(d) Mere expressions of general opposition to a project are insufficient grounds for holding a public comment hearing or for referring a project to OHMS for an adjudicatory proceeding on a permit application. In order to raise substantive and significant issues, written comments expressing objection or opposition to an application must explain the basis of that opposition and identify the specific grounds which could lead the department to deny or impose significant conditions on the permit.

(e) The department normally does not require public hearings in connection with applications for minor projects, as identified in sections 621.3 and 621.4 of this Part. If a public hearing is required for a minor project, the application shall be treated as a major project for purposes of this Part.

(f) If a public comment hearing on an application is required to be held, it must commence on or before 90 days after the date the application is complete.

(g) Public comment hearings pursuant to this Part may be conducted by electronic means or in-person events at the discretion of the department.

(h) When public notice under this section also includes modification to a permit for any of the reasons set forth in 621.13(a)(1)-(6) of this Part, the permittee may submit a written statement to the Regional Permit Administrator or Chief Permit Administrator, as directed by the notice, commenting on proposed modifications or giving reasons why the permit should not be modified. The permittee must submit the statement by the deadline for receipt of comments.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.8

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