N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-11.4 - Permit Modifications by the Office

(a) Permits may be modified or terminated on the basis of any of the following:

(1) Materially false or inaccurate statements in the permit application, compliance filings or supporting papers;

(2) Failure by the permittee to comply with any terms or conditions of the permit conditions, orders of the Executive Director, or any provisions of law or regulations related to the permitted activity;

(3) Exceeding the scope of the project as described in the permit application; or

(4) Newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit.

(b) The Office shall send a notice of intent to modify or terminate a permit to the permittee by certified mail return receipt requested or personal service and publish notice on the Office's website. The notice shall state the alleged facts or conduct which appear to warrant the intended action and shall state the effective date, contingent upon administrative appeals, of the modification.

(c) Within fifteen (15) days of mailing a notice of intent, the permittee may submit a written statement to the Office, as directed, giving reasons why the permit should not be modified or terminated, requesting a hearing, or both. Failure by the permittee to timely submit a statement shall result in the Office's action becoming effective on the date specified in the notice of intent.

(d) Where the Office proposes to modify or terminate a permit and the permittee requests a hearing on the proposed modification, the original permit conditions or permit status shall remain in effect until a decision is issued by the Executive Director pursuant to subdivision (f) of this section. At such time, the permit conditions or permit status supported by the Executive Director's decision shall take effect.

(e) Within fifteen (15) days of receipt of the permittee's statement, the Office shall either:

(1) Rescind or confirm the notice of intent to modify or terminate based on a review of the information provided by the permittee, if a statement without a request for a hearing is submitted; or

(2) Notify the permittee that a hearing shall be held at a date and place to be established by the Office of hearings, if a statement with a request for a hearing has been submitted. The provisions of Subpart 1100-8 of this Part apply to hearings conducted pursuant to this section, except that the time periods provided for in section 1100-8.1 of this Part shall be measured from date of receipt of the permittee's request for a hearing.

(f) In the event such a hearing is held, the Executive Director shall, within thirty (30) days of receipt of the complete record, issue a decision which:

(1) Continues the permit in effect as originally issued; or

(2) Modifies the permit; or

(3) Terminates the permit.

(g) Notice of such decision, stating the findings and reasons therefor, shall be provided to the applicant pursuant to the procedures set forth in Subpart 1100-9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.4

Transferred from 900-11.4 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024